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Dáil Éireann díospóireacht -
Thursday, 1 Apr 1999

Vol. 503 No. 2

Written Answers. - Roadside Trading.

Ivan Yates

Ceist:

98 Mr. Yates asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will meet with a group (details supplied) in County Wexford; and if she will facilitate the necessary legislative or regulatory changes which would allow roadside fresh strawberry sales to continue operations as in previous years through exemption or national licensing. [9524/99]

The selling of fruit, or indeed any product, by the roadside is governed by the provisions of the Casual Trading Act, 1995. This Act has as its main purpose the delegation of all functions regarding casual trading to local authorities. Local authorities have a duty to make by-laws governing casual trading in their functional areas. They also have powers under the Act to exempt categories of selling from the Act.

I am aware of and sympathise with the concerns of strawberry growers in Ireland, who have requested successive Ministers in recent years and who, in 1998, also requested me to grant an exemption under the casual trading legislation for the sale of strawberries. Careful examination of the matter led me to the same conclusion as my predecessors that exemptions from the Casual Trading Act, 1995, in this regard should be a matter for the local authorities to decide and not something with which central Government should become involved. The principal reason for such decisions is that the 1995 legislation which devolves such powers to local government, mainly at the request of local authorities, should be exercised in this case at that level, that is by the relevant local authorities.

Under these circumstances, I feel it would not be appropriate for me to meet with the Wexford fruit growers about this issue and I suggest that they raise the matter with the relevant local authorities.

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