Leo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context

Question 113: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the progress to date in implementing the recommendation of the Consumer Strategy Group report directed to her Department in respect of fruit and vegetable traders to apply a consistent approach to casual trading regulations across all local authorities by means of statutory based guidelines; and if she will make a statement on the matter. [19072/08]

Leo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context

Question 118: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the efforts made by her to increase the number of licences granted to fruit and vegetable traders since the publication of the Consumer Strategy Group report in April 2005; and if she will make a statement on the matter. [19129/08]

Mary Coughlan (Donegal South West, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 113 and 118 together.

The Consumer Strategy Group which reported in May 2005 recommended that more licences for fruit and vegetable sellers be issued and that, in order to ensure that casual trading regulations are applied on a consistent basis, statutory guidelines be introduced. The reference to licences refers to casual trading licences issued under the Casual Trading Act, 1995. Casual trading is defined as trading in a public place and covers the selling of fruit and vegetables in public places. The regulation of casual trading is operated by the 88 local authorities entitled to make bye laws under the Act. I have no powers to issue licences. However, I have power under Section 2(3) of the Act to exempt categories of selling from the Act. This power was last exercised in 2004 when, under S. I. No. 191 of 2004, the growers of certain soft fruits (strawberries, raspberries etc.) and new potatoes were exempted from regulation under the Act for the period 1st May to 30th September every year.

As regards the recommendation on statutory guidelines, this recommendation has been implemented by Section 98 of the Consumer Protection Act, 2007 which amended Section 6 of the Casual Trading Act, 1995. This gives me the legal capacity to issue statutory guidelines to local authorities regarding the exercise by them of their functions in relation to casual trading bye laws. Local Authorities must take into account any such guidelines in carrying out their functions in respect of bye laws.

The current Programme for Government contains a commitment to "encourage more direct selling from farmer to customer by restoring and promoting a national network of farmers markets". The Minister of State at the Department of Agriculture, Fisheries and Food, is exploring, in conjunction with my Department, whether statutory guidelines under Section 98 of the Consumer Protection Act, 2007 could be used to regulate and promote farmers markets. In this connection, I understand that the Minister of State will shortly establish an Interdepartmental Group to examine the options available to promote and regulate farmers markets.