* To ask the Minister for Jobs, Enterprise and Innovation the progress of the examination of the Directive on Casual Trading Bye-Laws 2006/123/EC of the European Parliament and of the Council on Services in the Internal Market, the results of which are eagerly awaited by county councils to enable the drafting and implementation of new bye-laws at council level.
– Seán Kyne TD
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 17th 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 some local authorities raised issues in respect of their obligations under the Services Directive. My Department is engaging with the Office of the Attorney General in an attempt to clarify these issues. When these issues have been clarified my Department will write to all 88 local authorities informing them of the position.