Dáil Éireann Debate, Wednesday - 27 June 2007
261 Deputy Joe McHugh asked the Minister for Enterprise, Trade and Employment the specifics and workings of market rights and the way they are accessed and used by the general public; and if he will make a statement on the matter. [18013/07]
Amharc ar fhreagraI assume the Deputy's question refers to market rights as defined under the Casual Trading Act 1995. The 1995 Act sets out the law regarding selling goods in public places. Casual trading is defined as "selling goods at a place (including a public road) to which the public have access as of right". The activity is regulated by way of by-laws made by local authorities under section 6 of the Act. The by-laws cover the functional areas of local authorities. "Market Right" is defined in section 1(1) of the Act as "a right conferred by franchise or statute to hold a fair or market, that is to say, a concourse of buyers and sellers to dispose of commodities". These market rights refer to markets and fairs created by statute or royal decree in the period from the Norman invasion to 1922. In section 7 of the Act provision is made whereby local authorities can either by agreement or compulsorily acquire any market right in their functional area. Provision is also made whereby if a market right has not been exercised for a period of not less than 10 years the market right shall stand extinguished. Section 8 of the Act sets out the powers and obligations on local authorities in respect of market rights owned by them. Whereas the previous casual trading legislation — the Casual Trading Act 1980, now repealed — excluded trading pursuant to a market right from the Act the current legislation covers trading carried out under a market right. Therefore trading pursuant to a market right is subject to the by-laws in force under the Casual Trading Act 1995 in each local authority functional area. These by-laws cover, inter alia, the designation of casual trading areas, the fixing of fees and the regulation of access to casual trading areas, etc.
