Dáil Éireann díospóireacht -
Tuesday, 5 Dec 1989

Vol. 394 No. 1

Written Answers. - Casual Street Trading.

53.

Mr. Bell

asked the Minister for Industry and Commerce if he has any plans to amend section 2 of the Casual Trading Act, 1980; if his attention has been drawn to the fact that it is almost impossible for local authorities to regulate street trading because of the definition of this section; that, because the section also goes on to include that which is not included in the definition, experience has shown that the local authority must prove that a particular trader is not covered by one of the excluded categories and this has created difficulties with regard to people who sell vegetables; if he will agree that local authorities must be in a position to control street traders on public streets; and if he will make a statement on the matter.

56.

Mr. Farrelly

asked the Minister for Industry and Commerce if he has any plans to introduce regulations to prohibit unlicensed street traders in the vicinity of the Dublin Corporation fruit market, Dublin 1; and if he will make a statement on the matter.

Minister for Industry and Commerce (Mr. O'Malley)

I propose to take Questions Nos. 53 and 56 together.

The Casual Trading Act, 1980, provides for the control and regulation of casual trading and for connected matters. Section 2 of the Casual Trading Act, 1980 sets out what constitutes casual trading. In addition it also states what does not constitute casual trading. I am aware that the exclusions provided for in section 2 in respect of the selling of agricultural and horticultural produce by the producer thereof or their servants or agents acting as such and the selling of fish by the person by whom, or a member of the crew of the boat from which they were caught, have given rise to some difficulties in the operation of the Act.

In view of the fact that the legislation has been in force for some time and that difficulties have arisen in its implementation I have decided that a review of the Casual Trading Act, 1980, should be undertaken. The question of the removal of the exclusions provided for in section 2 will be considered as part of this review.

In so far as the trading in the vicinity of the Dublin Corporation fruit market is concerned, if the traders are farmers or market gardeners selling their own produce they are not required to have casual trading licences or to trade in designated areas. I have no plans to introduce regulations to prohibit this type of trading at present. As I have already stated a full review of the Act will be carried out by my Department and I will await the outcome of this review before proposing any changes in the legislation. The local authorities and the Garda Síochána, who look after the enforcement of the Act, will be consulted as part of this review to establish their views on the operation of the Act.