James Bannon
Question:250. Deputy James Bannon asked the Minister for Jobs, Enterprise and Innovation when he proposes to update the guidelines and by-laws for casual trading; and if he will make a statement on the matter. [26925/14]
View answerTuesday, 24 June 2014
Questions (250)
Written answers
Under Section 6 of the Casual Trading Act 1995, the making of bye laws in respect of casual trading is a function of the local authorities in relation to the regulation of casual trading in its functional area. Directive 2006/123/EC [the Services Directive] on services in the internal market was transposed into Irish law by way of S. I. No. 533 of 2010, European Communities (Provision of Services) Regulations 2010 and S. I. No. 555, European Communities (Court Orders for the Protection of Consumer Interests) Regulations, 2010. While the Directive is not concerned specifically with casual trading, but with the provision of services in general, it does impact on the issue of the regulation of casual trading by local authorities.
On the 17 December 2009, my Department issued a detailed guidance notice to all 88 local authorities entitled to make bye laws under the Casual Trading Act, 1995 outlining the obligations arising for them under the Services Directive. This guidance notice was drawn up in my Department following consultation with the Office of the Attorney General. Arising from the issue of this guidance notice, some local authorities raised issues in respect of their obligations under the Services Directive. My Department has engaged with the Office of the Attorney General in an attempt to resolve these issues and as a result of these consultations, my Department is currently examining whether the Casual Trading Act 1995 needs to be amended by way of primary legislation, whether the outstanding issues arising out of the Services Directive could be dealt with by way of revised a guideline notice or if a combination of the two methods is required. It is hoped to have a final decision on this shortly.