Mr. Colm Croffy:

Practically, the regulatory environment in which everybody operates in the public realm is such that it is prohibitive to take a book stall, puppet show or interpretation of Yeats onto a public thoroughfare because you must first have insurance. Depending on what the local authority will determine through its insurer, there could be indemnity at a level of €6.3 million, €9.8 million or €16.4 million, depending on the nature of the activity, the number of participants, whether the event is a circus, street lantern parade or feis ceoil, and the level of risk involved. The last time I checked, some eight local authorities had introduced by-laws or regulations specific to major pedestrianised thoroughfares in regard to busking and performing. Wisely, some did so with the engagement of their arts and creative sectors in their cities and provincial towns, but others just introduced them in a more regulatory manner, resulting in a three-week statutory process of review. Those are significant barriers because it is quite prohibitive for a local group or performer to have insurance at one of the levels of indemnity mentioned.

Second, there are the issues of policing an event and gaining access to areas after dusk or dark, when there might be lighting, public address or sound requirements. Very often in most of our provincial towns, there is no cover for people beyond dusk unless it is prearranged through a festival or event.

On the facts I alluded to concerning the Hogan reform of government, most of the 107 towns that had district councils had a town clerk, town engineer and a variety of locals who could get you a key quite quickly to have a celebratory event at the main plaza, square or other area for a homecoming team or somebody who did well at the feis ceoil – in fairness, with the support of the Garda Síochána and other operators in the space, including the Civil Defence. That is gone now and very few places have the spontaneity of supply that allows people to use public boulevards, streets and town squares.

Casual trading laws have not helped because they are another quandary to tiptoe through and around. Therefore, a variety of State regulations do not sit very well with us animating our streets and public places in the way our continental cousins do. Key to this are the duty of care and the high cost of being insured in a public place against all manner of risks.