Written answers
Tuesday, 6 March 2007
Department of Enterprise, Trade and Employment
Consumer Protection
11:00 pm
Fergus O'Dowd (Louth, Fine Gael)
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Question 135: To ask the Minister for Enterprise, Trade and Employment if he will review the Casual Trading Act, 1995; and if he will make a statement on the matter. [7420/07]
Fergus O'Dowd (Louth, Fine Gael)
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Question 147: To ask the Minister for Enterprise, Trade and Employment if he will review the Casual Trading Act, 1995 to ensure that local authorities will prevent the sale of pirated videos in local authority run local markets; and if he will make a statement on the matter. [7419/07]
Micheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 135 and 147 together.
The Casual Trading Act, 1995 regulates casual trading which is defined as "selling goods at a place (including a public road) to which the public have access as of right". The Act is operated by the 88 local authorities entitled to make bye laws under the Act. The sale of videos, DVDs and other similar products in a public place would be covered by the Act.
The Casual Trading Act 1995 was considered by the Competition Authority in 2002 and by the Consumer Strategy Group in 2005. One of the main conclusions of both bodies was that there was a need for uniformity of approach in applying casual trading regulations. The methodology suggested was the use of statutory guidelines by local authorities.
I have accepted this proposal and incorporated a provision in the Consumer Protection Bill, 2007 which will give the Minister for Enterprise, Trade and Employment the power to issue statutory guidelines to local authorities regarding their operation of the Act. Pending enactment of the Bill my Department, in July 2006, issued voluntary guidelines to assist local authorities in carrying out their responsibilities under the Act.
My Department was represented on the Interdepartmental Committee to Co-ordinate Measures to Tackle DVD Piracy, which has been meeting over recent months. It was established by the Tánaiste and Minister for Justice, Equality and Law Reform to ensure that the State's response to this form of crime was co-ordinated and effective across the board.
I understand that the report of the Committee is now being finalised by the Department of Justice, Equality and Law Reform and that the Tánaiste intends to publish its recommendations in early course. I will consider their implementation as appropriate.
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