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Dáil Éireann díospóireacht -
Wednesday, 3 Dec 1952

Vol. 135 No. 4

Ceisteanna—Questions. Oral Answers. - Ballybay Weighing Facilities.

asked the Minister for Local Government if he is aware of the unsatisfactory position in Ballybay arising from the private ownership of the markets and weighing rights; and if, having regard to the fact that despite repeated requests by the town commissioners to the owner to provide suitable weighing facilities she refuses to do so or relinquish her rights, he will consider the introduction of proposals for such legislation as may be necessary to permit of these facilities being provided either by the county council, the town commissioners or other persons so as to remedy this public grievance.

I have received representations on this matter, but not from the town commissioners. The onus of providing weighing facilities generally rests on the market authority, but the Ballybay Town Commissioners relinquished their lease of the markets in 1947. The clarification of the responsibilities of the local authority and the owner of the markets would seem to be a matter for legal investigation in the first instance.

Does this mean that the town commissioners are to involve themselves in enormous expense in this matter, with doubt as to the results, or is it not in the Minister's power to provide a way out of this anomalous position which has been impeding the efforts of the town commissioners to develop further this progressive town?

We think the onus is on the town commissioners to investigate the position from the legal point of view. Of course, we are not recommending that to them; it is a matter for themselves. They will have to have regard, I am sure, to all the factors, one of which is mentioned by Deputy Maguire.

Having regard to the number of towns in which this difficulty arises throughout the country, would the Minister not consider it advisable to introduce legislation to enable the local urban authorities to acquire ownership of the markets in the areas involved?

That is a separate question. This refers to Ballybay only.

May I relate it to Ballybay?

When you relate it to Ballybay I do not know what it means.

Has the Minister, however, considered this aspect of the matter of investigating the private ownership of markets and fairs?

It has not arisen in my time as a problem in many towns. In fact, I am not aware that it has even arisen in any other town except Ballybay. But I have told the Deputy that I am advised it is the responsibility of the town commissioners there to find out for themselves as best they can what the legal position is as between themselves and the owner of the markets.

Surely the Minister does not say it has not arisen in regard to other towns?

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