For Written Answer on : 15/06/2021
Question Number(s): 152 Question Reference(s): 31090/21
Department: Enterprise, Trade and Employment
Asked by: David Stanton T.D.
To ask the Tánaiste and Minister for Enterprise; Trade and Employment when the review by his Department of the casual and occasional trading licensing legislation commenced; if this review has been completed; if so, if the outcome of the review has been published; and if he will make a statement on the matter.
The Casual Trading Act 1995 provides for a control and regulatory system for people trading in public places and involves the issuing of licenses to traders by local authorities who administer the regime in their own respective areas.
In August 2018, the then Minister for Business, Enterprise and Innovation, Minister Humphreys, launched a public consultation process for the Casual Trading Act 1995 to determine its continued fitness for purpose. The legislation has been on the statute book for a number of years and given the changes in retail and trading environments, it was considered an opportune time to review the legislation. The consultation sought the views of interested parties, including local authorities, on matters relating to the Act.
My Department engaged a legal researcher to examine the submissions received to the public consultation exercise and to prepare an options paper which would provide the basis for a policy review of the legislation. While this was completed last year, unfortunately it has not been possible to progress the review of the Act any further due to the necessity of pursuing other priorities and responding to demands arising in the context of Brexit and COVID-19. It is envisaged that the review of the Act will continue when time and resources allow.
In the meantime, local authorities continue to operate the provisions of the Casual Trading Act 1995 as before.