COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, December 13, 2010

HEADED ITEM NO. H 11

HEADED ITEM: S. Kelly

PROVISION OF FSAI STATUTORY FUNCTIONS ON BEHALF OF DUBLIN CITY COUNCIL BY SOUTH DUBLIN COUNTY COUNCIL.  (PROPOSED AGREEMENT UNDER SECTION 85 OF THE LOCAL GOVERNMENT ACT 2001)

REPLY:

The Food Safety Authority of Ireland (FSAI) is responsible under the Food Safety Authority of Ireland Act, 1998 for the enforcement of food safety standards throughout the country. This is acheived in the Dublin Region through a contracting arrangements with the Dublin Local Authorities and is delivered through the Veterinary Services Sections of the Councils. In relation to the South Dublin, Fingal and Dun Laoghaire/Rathdown administrative areas, Agreements are in place between the Local Authorites for South Dublin County Council to provide the service for and on behalf of the other local authorities in their areas.

Dublin City Council has to date provided the service within it's own area. The City's current FSAI contract is due to expire on 31st December 2010 and in accordance with Section 48 (10) of the Act, the City Council has notified the FSAI that the City Council is not in a position to renew the contract for a further period.

South Dublin County Council have been in discussions with the FSAI with regard to providing the food safety functions in the Dublin City Council administrative area. The FSAI have confirmed that additional costs of such an arrangement will be recouped in full from the FSAI and future payments will be made directly to South Dublin County Council. Agreement has been reached that South Dublin County Council is therefore in a position to provide the service from 01/01/2011.

In order for this arrangement to be put in place an agreement under Section 85 of the Local Government Act 2001 between South Dublin County Council and Dublin City Council is required. As the making of an agreement under Section 85 of the Local Government Act 2001 is a reserved function, it will be necessary for the following motion to be passed by this Council -

“That South Dublin County Council enters into an agreement under Section 85 of the Local Government Act 2001 with Dublin City Council to carry out statutory Food Safety Functions on behalf of Dublin City Council for the City of Dublin.”