Billy Timmins (Wicklow, Fine Gael)
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Question 209: To ask the Minister for Enterprise, Trade and Employment the position relating to market town status; if towns which have this status and do not hold a market before 1 May 2006 will lose it; the relevant EU directive this comes under; if there is a distinction between country markets and farmers markets; and if he will make a statement on the matter. [13760/06]

Micheál Martin (Cork South Central, Fianna Fail)
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I assume the Deputy is referring to the position of markets under the Casual Trading Act 1995. That Act regulates trading in public places and is operated by local authorities which use their powers to make by-laws under the Act to regulate such activity. Under the Act, a "market right" is defined as "a right conferred by franchise or statute to hold a fair or market, that is, a concourse of buyers and sellers to dispose of commodities". Such a right usually originates in royal charters or statutes from the pre-1921 era. People who sell in a public place are subject to the Act, including those who trade by virtue of a market right.

Section 7 (4) of the Act states that if a market right remains unexercised for a period of ten years from the commencement of that section, the market right shall be extinguished. Section 7 of the Act was commenced on 1 May 1996 which means that section 7(4) will become operative on 1 May 2006.

The Casual Trading Act, 1995 is domestic legislation and is not based on any EU legislation. There is no distinction between farmers and other markets. The distinction is between trading in a public or a private place. Trading in a place where the public has a right of access is covered by the Casual Trading Act 1995 and is therefore controlled by way of by-laws issued by the relevant local authority.

A trader in Munster is taking legal action against a number of local authorities questioning their legal competence to regulate market rights under the casual trading legislation. The decision of the High Court in these cases may affect the status of markets under the Act.