I move: "That the Bill be now read a Second Time."
Ba mhaith liom i dtosach mo bhuíochas a ghabháil leis na Teachtaí a ghlac leis an Bhille seo inniu. Tá géarghá leis agus sin é an fáth gur iarradh oraibh é a phlé chomh luath.
Faoi réir na n-eisceacht a luaitear san Bhille ní bheidh sé dleathach d'éinne tar éis tosach feidhme an Achta earraí a mhiondíol in aon fhoirgneamh nó áit nach bóthar nó áit phoiblí eile é gan cead a deonfar dó faoin Acht.
Deputies may be aware that it was the original intention to introduce a single Bill to regulate both occasional and roadside trading but it has been found necessary to proceed on the basis of two Bills. Legislation in this general area affects the rights of individuals and great care has had to be taken to ensure that the constitutional rights of persons are not infringed. Very complex problems which could not be solved quickly were encountered when the question of regulating roadside trading was examined. In particular, in the case of outdoor trading which is carried on at public markets and fairs by virtue of Royal Charters and letters patent granted in previous centuries it was felt that it would take a considerable time, in view of constitutional difficulties, to arrive at an acceptable method of modifying, or perhaps even extinguishing, these rights and making suitable alternative provision for such classes of street trading as are deemed not to be contrary to the public interest. Trading in livestock is one class of roadside trading for which adequate provision must be maintained.
It was in these circumstances that it was decided to proceed with two Bills rather than one. However, a draft of a Bill to regulate roadside trading is being examined and I hope to have it ready for circulation to Deputies at an early date. I am not in a position to say exactly when but the intention is to avoid unnecessary delay.
For some years past representations have been made by and on behalf of established traders, their staffs and their customers about the activities of traders who move into hotels, dancehalls, vacant shop premises or other places for a short time—sometimes a day or two, sometimes several weeks—for the purpose of retail selling. These traders frequently advertise these activities as "Monster Sales" or "Auctions". Provided these traders take out hawkers' licences and provided their use of premises as shops is not in contravention of the Planning Acts, they are not committing any offence. A hawkers' licence costs only £20 and, therefore, this requirement is not a significant burden on occasional traders. As regards the Planning Acts, it will often happen that premises are occupied and vacated before anyone has a chance of challenging the statutory right to use the premises as a shop. Quite often it will be obvious from previous use of the premises as a shop that no contravention of the Planning Acts arises and, at times, the position of premises under the Planning Acts can be quite obscure. The overall situation is that if a person takes out a hawkers' licence he or she has little if anything to fear from the law.
Occasional trading was studied by the Restrictive Practices Commission at the request of the Minister in 1976 and their report was published. All of the submissions made to the commission and all the representations made to the Department of Industry, Commerce and Energy have been critical of occasional traders. No one has made a submission supporting them. Those who made submissions to the commission and to the Department included the Irish Union of Distributive Workers and Clerks, trade associations, individual traders, chambers of commerce, local development associations and local authorities.
Occasional trading was described by the Irish Union of Distributive Workers and Clerks as a form of piracy which took a considerable amount of trade out of a town, affected sales in particular goods for a considerable time ahead and threatened employment in the distributive sector. All bodies which made submissions to the Restrictive Practices Commission agreed in saying that occasional trading was unfair because the organisers of such trading were in a privileged position since they did not incur the expenses of overheads, taxes and other commitments which local traders have to meet. Selling at dumped prices was also alleged.
Deputies will recall that the Minister for Finance included a provision in this year's Finance Act for the collection of VAT at the point of importation from traders who have no permanent place of business in the State. Furthermore, I am assured that the Revenue Commissioners have taken steps to collect the appropriate taxes from occasional traders. However, it is clear that, even if these traders pay their full taxes, they do enjoy a competitive advantage over established traders and on account of their mobility, it is frequently difficult for consumers to get any sort of after-sales service from them.
The Restrictive Practices Commission were urged by the Irish Union of Distributive Workers and Clerks and other bodies to recommend prohibition of occasional trading. I think it is a fair summation of the Restrictive Practices Commission report to say that, in several respects, the complaint about occasional traders was found to be over-stated. Nevertheless the commission accepted that there were particular risks to the consumers in occasional sales and that such sales can have a severe if temporary effect on local traders in the goods concerned. The commission did not consider the total prohibition of occasional trading to be feasible. They pointed out that manufacturers and wholesalers regularly rent rooms in hotels for the display of their goods and their sale to traders. But the commission recommended that where a person engages in retail trading for a brief period in a place where he does not usually reside or carry on business he should require a permit from the local authority in respect of each day's trading.
This recommendation has, basically, been accepted but it has been decided that the permits to engage in occasional trading should be granted by the Minister rather than the local authority.
The Occasional Trading Bill proposes in section 2 to define occasional trading as retailing at a premises or place—other than a public road or other place to which the public has access as of right—of which the person so selling has been in continuous occupation for less than three months. A very limited range of selling activities which are deemed not to be contrary to the public interest are excluded from the definition. Sections 3 and 4 provide that persons proposing to engage in trading to which the Bill applies will be required to apply in writing to the Minister for Industry, Commerce and Energy for a permit which will cost £50 plus £25 for every day or part of a day on which he proposes to trade at the one place. This application for a permit will have to be made 30 days before trading commences. The Minister may attach conditions to the permit. A person who proposes to trade at the one place for longer than three months—that is to say a person who proposes to be a permanent or established trader at the one place—need not take out a permit if he makes a statutory declaration of his intention and gives the statement to the Minister. Section 5 provides that a person engaging in occasional trading will be required to display his occasional trading permit at or near the place where the trading takes place. Section 7 requires an advertisement relating to occasional trading to contain the number of the trading permit and the name and address of the person to whom it was issued.
These are the main provisions of the proposed legislation. A person intending to engage in occasional trading will have to give reasonable notice of his intentions; he will have to make a reasonable contribution to the Exchequer which, while it may seem large to some people, is unlikely to go further than meeting the cost of administering the Act; and an occasional trader will have to let his customers and other interested parties verify that he has paid for a permit and make a note of his name and permanent address in case they have any reason for wanting to get in touch with him at a later date.
Bille an-theicniciúl atá ann. Bhí sé andeacair trádáil ócáideach a mhíniú agus, ag an am céadna, siopadóirí seasamhacha a fhágáil taobh amuigh de fhoráileacha an Bhille. Tá mé lán tsásta gur éirigh linn. An dara ceist mhór a bhí le réiteach ná an sórt agus an caighdeán de ríaliú a oirfeadh. Mar a mhínigh mé cheana, ní fhéadfaimís trádáil ócáideach a chur faoi smacht ar fad. Dá bhrí sin, bhí orainn leibhéal na dtáillí a shocrú ionnas go mbéadh sintiús trádálaí gar do bheith cothrom le meán bhuaníocaíochtaí siopadóra seasmhach. Measaim go bhfuil an freagra ceart againn ach más rud é go bhfuil na táillí luaite i mír 4 ró-iseal—nó i gcásanna faoi leith ró-árd—féadfaidh an tAire é sin a cheartú.
Tríd is tríd tá mé sásta go réiteoidh an Bille an fhadhb atá ann faoi láthair agus molaim é do Theachtaí.