Róisín Shortall (Dublin North West, Labour)
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Question 552: To ask the Minister for Enterprise, Trade and Innovation if he will give an indication of when legislation, requested by Dublin City Council, will be passed to extinguish the market right of the Smithfield Horse Fair, without providing an alternative location; and if he will expedite this legislation. [39099/10]

Batt O'Keeffe (Cork North West, Fianna Fail)
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The Casual Trading Act 1995 sets out the law regarding selling goods in public places. Casual trading is defined as "selling goods at a place (including a public road) to which the public have access as of right". The Act essentially requires those who engage in casual trading to hold a licence granted for that purpose by the relevant local authority where the casual trading takes please. It is the case, therefore, that whilst I have policy responsibility for the 1995 Act, operational and regulatory responsibility in regard to selling in public places lies with the 88 local authorities who each regulate casual trading in their own particular jurisdictions.

Insofar as the issue of "Market Rights" is concerned, the 1995 Act defines a "market right" as "a right conferred by franchise or statute to hold a fair or market, that is to say, a concourse of buyers and sellers to dispose of commodities". These market rights refer to markets and fairs created by statute or royal decree in the period from the Norman invasion to 1922. Section 7 of the 1995 Act provides that local authorities may, either by agreement or compulsorily, acquire any market right in their functional areas. Section 8 sets out the powers of local authorities in relation to market rights owned by them, including in relation to the power to extinguish a market right. Essentially the Act only allows a local authority to extinguish a market right where it provides or has already provided, alternative facilities in the same vicinity as the market or fair to which the right relates.

Insofar as the management of the Smithfield Fair is concerned, this is a matter for the Dublin City Council and I have no jurisdiction in this matter. I understand that my Department has not received any specific request from Dublin City Council to extend the powers of local authorities in relation to the extinguishment of market rights. The Deputy may wish to be aware, however, that the issue of the status of market rights is currently the subject of a case before the Supreme Court, involving an appeal by a trader against a decision by a local authority in relation to the extinguishment of a market right. It is understood that this case will be heard in the spring of 2011. Any considerations in relation to a review of the legislation in this area may be more appropriate at that time.