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Dáil Éireann díospóireacht -
Wednesday, 26 Oct 1977

Vol. 300 No. 9

Ceisteanna—Questions. Oral Answers. - Roadside Trading.

9.

andMr. Bruton asked the Minister for Industry, Commerce and Energy the action which has been taken on the recommendations of the Restrictive Practices Commission on roadside trading and allied practice; and if, when and by whom legislation will be introduced in relation to them.

The recommendations of the Restrictive Practices Commission on roadside trading and trading from temporary retail outlets were published and views of interested parties thereon were invited and obtained. These submissions, including those from other Government Departments closely concerned have been under examination. Because of the broad areas of policy concerned in this matter, this examination has been protracted but I am confident that decisions called for, including those raised by the Deputies in the second part of their question, will not be unduly delayed.

While this trading accounts for a small proportion of retail distribution is the Parliamentary Secretary aware that in certain categories of goods this trading, even at this level, is causing great concern to certain people?

I am aware that in certain areas throughout the country this type of trading is causing considerable concern not alone to traders but also to consumers. As I said, there is a broad area of policy involved. The Departments of the Environment and Justice are also involved and inter-Departmental discussions are taking place to endeavour to solve the problem and have legislation enacted.

The Parliamentary Secretary has stated that legislation will be enacted. Will that involve the repealing of existing legislation which is now obsolete and is shown as such by the efforts made by local authorities to solve this problem? There are so many loopholes that any amendments to this obsolete legislation would not be worth while at the moment. We want comprehensive legislation.

I can assure the Deputy that when legislation is brought before the House it will be adequate to deal with the matters raised in the question.

When does the Parliamentary Secretary expect the matter will be brought before the Government for decision?

I do not have that precise information.

Is the Parliamentary Secretary aware that the livelihood of many small businesses is being affected because VAT, they maintain, is not being paid on those goods? Would the Parliamentary Secretary treat this as urgent and see that legislation is brought in not just in the future but within the next month or the next six weeks? When will the legislation be brought in?

I am aware that this is causing considerable concern in my constituency as well as in very many others throughout the country. I can assure the Deputy that it will be treated with the utmost urgency in the Department.

Will the Parliamentary Secretary's Department be responsible for bringing in legislation? Is the Parliamentary Secretary in a position to state what is the present position about the drafting of this legislation? Has it even reached drafting stage?

That bears no relationship at all to the original question.

On a point of order, the question asked if, when and by whom legislation will be introduced. I, therefore, submit to you that the question I am asking is within the terms of the question and is a matter that requires an adequate reply.

That matter has not been clearly defined as yet. The Deputy asked whose responsibility it is. I said that inter-Departmental discussions were taking place with the Departments of the Environment and Justice, both of whom are involved together with my Department. It has not been clearly defined as yet who will bring in the legislation eventually or whose responsibility it will be.

The Parliamentary Secretary has stated that the responsibility has not been defined as to who might bring in the legislation. This is a very urgent matter and the commission's report is with the Government. The Parliamentary Secretary should be in a position to state what Department should be responsible.

The same question has been asked a number of different ways and it is argument.

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