Vol. 518 No. 5
47 Mr. Dukes asked the Tánaiste and Minister for Enterprise, Trade and Employment the local authorities which have not adopted by-laws in relation to the control, regulation, supervision and administration of casual trading in their functional areas since the coming into effect of the Casual Trading Act, 1995; the sanctions available to oblige them to meet their obligations under the Act; and if she will make a statement on the matter. [10221/00]
There is no statutory requirement under the Casual Trading Act, 1995, for local authorities to inform me as to whether they have made by-laws under section 6 of the Act, neither are there sanctions available under the Act where local authorities fail to make by-laws. The Act clearly places the responsibility for the making of by-laws on local authorities.
I am concerned about certain representations which I have received from traders concerning the manner in which the Act is being implemented by local authorities, in particular, allegations that it is being implemented in a manner which unnecessarily stifles competition. Accordingly, on 31 March last, I requested the competition authority to carry out a study under section 11 of the Competition Act, 1991, as amended, with the following terms of reference:
To undertake a study of the manner in which the provisions of the Casual Trading Act, 1995 have been implemented by local authorities with a view to assessing the impact of that legislation on competition in local markets and, in particular, whether the measures employed by local authorities can reasonably be regarded as necessary for and proportionate to the achievement of public interest objectives relating, for example, to public order and safety.
I have requested the competition authority to report to me within six months.
