Michael Creed (Cork North West, Fine Gael)
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Question 87: To ask the Minister for Jobs, Enterprise and Innovation, with reference to correspondence issued by his predecessor (details supplied), his views on the implementation of the Directive 2006/123/EC - the services directive - particularly in respect of to the levying of fees by local authorities for casual trading licences; and if he will make a statement on the matter. [26657/11]

Richard Bruton (Dublin North Central, Fine Gael)
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Directive 2006/123/EC [the Services Directive] on services in the internal market was transposed into Irish law by way of S. I. No. 533 of 2010, (European Communities (Provision of Services) Regulations 2010) and S. I. No. 555, (European Communities (Court Orders for the Protection of Consumer Interests) Regulations, 2010). The Directive is not concerned specifically with casual trading but with the provision of services in general. The service in the context of the Deputy's question is the regulation of casual trading by local authorities which results in the provision of casual trading licences to traders to sell goods in public places.

On the 17 December 2009 my Department issued a detailed notice to all 88 local authorities entitled to make bye laws under the Casual Trading Act, 1995 outlining the obligations arising for them under the Services Directive. This Notice was drawn up in my Department following consultations with the Office of the Attorney General. Arising from this Notice local authorities and others raised issues in respect of the obligations under the Services Directive. Regulation 14 (2) of S. I. No. 533 of 2010 transposes Article 13 (2) of the Services Directive. This Regulation states that competent authorities (in this case local authorities) shall ensure that the fees charged "are reasonable and proportionate to the cost of administering the scheme". The question arises as to how this provision interacts with the provision for fees in the Casual Trading Act, 1995 [section 6 (4)]. My Department is preparing a Notice to issue to all local authorities in the near future dealing with this and other issues arising from how the Services Directive affects casual trading regulation. Consultation between my Department and the Office of the Attorney General is continuing on this matter. When this and other issues have been clarified, my Department will write to all 88 local authorities informing them of the position.