The vote to ban traffic from Capel Street permanently has been dubbed "illegal" by two councillors.
Dublin City Council's Central Area Committee voted to make the trial traffic ban permanent despite no vote appearing on the agenda. The Committee was due to hear an update on the trial which included the introduction of six benches and the resurfacing of the street concluding.
Chair of the area committee, Cllr Ray McAdam, "pushed" a vote to make the trial permanent during the update. The vote was passed with eight voting in favour, two against and one abstention.
Read more: Capel Street businesses come out against pedestrianisation
Former Lord Mayor Nial Ring called the move "ultra vires" and "illegal" because it had not been on the agenda and added that he "didn't have all the information". Cllr Ring's assertion was seconded by Cllr Christy Burke.
The vote will be on the agenda of next month's full Council meeting. However, Cllr Ring intends to contact the Local Authority's Law Agent about the validity of the vote.
He said the chair "unilaterally and without consultation announced that he was going to call for this vote. It was forcefully pointed out to Cllr McAdam that we had not gotten all the information, analysis, surveys etc. as well as details of alternatives to make such an important decision.
"I also pointed out that the Capel Street item was an update for noting and not an item for decision by vote, but the chair insisted on calling the vote. I pointed out that it was wrong for him, as chair, to foist or impose this vote on the committee as it was clearly ultra vires to do so, as this vote was not an agenda item and I wanted more information so that I, and my fellow committee members, could make an informed, rational and balanced decision".
Cllr McAdam defended the move and said the area committee had other work to do. He told Dublin Live: The traffic ban "has been on the agenda of the Central Area for the best part of two years.
"My job as Chair of the Central Area is to ensure that we get through the items on our agenda. We have major housing projects to initiate over the next couple of months.
He added: "We have a number of other public realm improvements to Liffey Street, proposals with regards to Cathedral Street and we have the whole O'Connell Street agenda. We can't continue to spend significant chunks of the area committee's time debating an issue back and forth. For that I reason moved a motion yesterday calling for a vote."
The Fine Gael Cllr added the Committee can now secure funding to improve Capel Street's streetscape in the Council's upcoming budget if the vote is approved at next month's full Council meeting.
There has been speculation that the vote could be the subject of a judicial review. Cllr McAdam said he "couldn't see an issue" if a legal challenge was taken to the vote.
The traffic ban has been supported by the vast majority of the public, local businesses and residents in DCC's surveys. However, Dublin Live previously revealed that a clear majority of traders did not support the measures in another survey.
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