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Market Rights

Dáil Éireann Debate, Wednesday - 6 April 2011

Wednesday, 6 April 2011

Ceisteanna (86)

Mary Lou McDonald

Ceist:

86 Deputy Mary Lou McDonald asked the Minister for Enterprise, Trade and Innovation if he will state the legal impediments that are preventing the closure or relocation of the Smithfield horse fair, Dublin. [7017/11]

Amharc ar fhreagra

Freagraí scríofa

The selling of goods in public places is governed by the Casual Trading Act, 1995. Under this Act all operational matters in connection with casual trading are the responsibility of the relevant local authority in which the trading takes place. I understand that the Smithfield market operates pursuant to a "market right" which is defined in 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". I have been requested by the Lord Mayor of Dublin to introduce legislation to extinguish the market right in Smithfield in Dublin.

The law on this matter is complex and my officials have made a detailed submission to the Office of the Attorney General seeking legal advice. When I have received this advice I will decide the best way to proceed.

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