Dáil Éireann Debate, Wednesday - 24 November 2004
158 Mr. Timmins asked the Minister for Enterprise, Trade and Employment the position in relation to market town status; if towns which have this status and do not hold a market before January 2005 will lose this status; if he will reverse this decision in view of the short notice and the fact that this new policy has not been drawn to the attention of many; and if he will make a statement on the matter. [30680/04]
View answerI assume the Deputy is referring to the position of markets under the Casual Trading Act 1995. The Casual Trading Act 1995 regulates trading in public places and is operated by local authorities who use their powers to make bye laws under the Act to regulate this activity. Under the Act a "market right" is defined as "a right conferred by franchise or statute to hold a fair or market, that is to say, a concourse of buyers and sellers to dispose of commodities". These rights usually originate in royal charters or statutes from the pre-1921 era. People who sell in a public place are subject to the Act including those who trade by virtue of a market right.
Section 7(4) of the Act states that if a market right remains unexercised for a period of ten years from the commencement of this section that market right shall be extinguished. Section 7 of the Act was commenced on 1 May 1996, which means that section 7(4) will not become operative until 1 May 2006, which gives people and communities nearly a year and a half to activate or reactivate local traditional markets. Also, local authorities have the powers to regulate these markets under the Act by designating them as casual trading areas.
