The judgement in the High Court case between Toby Simmonds and the Irish Organisation of Market and Street Traders Limited against The County Council for the County of Cork, the Commissioner of An Garda Siochana, Ireland and the Attorney General, 22nd February 2002 established that any town that has a Market Right existing can not have it’s ‘market’ regulated under the Casual Trading Act ’95.

This has huge implications for the markets in Ireland:

• The Market Right can only be regulated using the Public Health (Ireland) Act 1878 if the Market Right is owned by a Local Authority.
• The Supreme Court ruling in the Skibereen UDC vs Quill case stated that where a Market Right existed in numerous and undefinable areas of a town then that Right should be considered to exist for the whole town.
• The only two Market Rights in Co Cork that are owned by the Local Authority are Bantry and Cork City, which is an Act of Parliament Market.
• The only Market Right owned in Kerry by a Local Authority is in Kenmare.
• It is difficult to establish the status of all the 270 Franchise Markets in Ireland but it is most likely that the majority is being incorrectly regulated under the Casual Trading Act ’95.
• Limerick Market is the only market with a Market Right that is being managed correctly using byelaws made under the Public Health (Ireland) Act 1878.
• The ironic anomaly is that markets with Market Rights that are not owned by Local Authorities can not be regulated at all!
• Guidelines for establishing byelaws to regulate markets can be obtained in The Royal Commission ‘Parliamentary Papers 1890 on Market Rights’ and Peas and Chitty ‘Law of Markets and Fairs’.

It is important to separate the the Casual Trading Act from Market Rights.
A permit or licence, to trade in a designated place, can be issued under the Casual Trading Act ’95.
The Irish Law definition of a market is a time and a place where the public have the right to attend, to buy and to sell commodities.
A Market Right is a constitutional right in the nature of a proprietary right and is there by afforded constitutional protection and a right to be compensated for the loss of that right.

Recommendations;

A round table of Government and Local Authorities representatives, market traders and legal professionals should be set up to come up with a formula to safeguard, regulate, enhance, promote and create markets.

There should be an onus put on Local Authorities to establish, maintain and promote markets in their areas.

Local Authorities should be encouraged to pedestrianise streets for markets. A market stall attracts more business into a town than a parking space.

Stallage fees, for the use of a space at a market, could be charged daily and collected by a Market Controller on the morning of the market.

Lower fees could be charged for home producers. Insurance could be incorporated into the daily fee.

Litter wardens can prevent litter being left behind after the market. Customs and Exise and Environmental Health Officers can monitor the quality of produce being sold at the market.

It is best to put all the food traders together in one area of the market.

There should be a comprehensive study of Markets and Market Rights throughout Ireland as there is so much confusion as to the status of most town markets. A good place to start would be the Report into Markets and Fairs 1853 in the National Archives and a survey conducted in 1950 by the Dept of Local Government on markets and fairs. Another source of information would be the National Photography Archives that would have many visual records of old Markets and Fairs.

Above all, Ireland needs a national strategy to upgrade its public markets. This will require political will, good law-making and imagination.

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