Seán Ryan (Dublin North, Labour)
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Question 91: To ask the Tánaiste and Minister for Enterprise, Trade and Employment , in the context of the new regulations introduced which propose to remove certain fruit and vegetable goods from the scope of the Casual Trading Act 1995, to confirm if this now enables growers, their agents or employees to sell these products on public streets and roads; and if this order has been brought to the attention of the Garda authorities for implementation. [15528/04]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I signed the Casual Trading Act 1995 (Section 2 (3)) Regulations 2004 (S.I. No. 191 of 2004) on 29 April 2004. My powers to add to the existing list of categories of selling exempted from the Act reflect similar powers conferred on local authorities in respect of their functional areas and I am aware that some local authorities have used these exemption powers. The regulations came into force on 1 May 2004 and operate during the period from 1 May to 30 September in any year. The regulations take outside the scope of the Casual Trading Act 1995 the selling of specified fruit and vegetables by growers their agents or servants during the exempted period in any year. The Casual Trading Act 1995 defines casual trading as "selling goods at a place (including a public road) to which the public have access as of right". The effect of the regulations is to allow growers, their agents or servants to sell the specified fruits and vegetables on public streets and roads from 1 May to 30 September. However, the regulations do not exempt growers from other legislation covering for example road traffic or public order provisions. My officials have informed the Office of the Garda Commissioner of the making of the regulations as well as all 88 local authorities entitled to make by-laws under the Casual Trading Act 1995.