HISTORY
Market Rights exist for most towns in Ireland and were granted to Town Councils or Individuals over a four hundred-year period by the English Crown. The granting of Market Rights often reflects the bitter power struggles that especially characterised the 17th and 18th centuries. Absolute power was granted to Individuals or Corporations in England's bid to colonise Ireland and one of these powers was the control and financial rewards of market trading. They were granted "Market Rights" by the English Crown in the form of complex and legally binding "charters" or "letters patent" that encompass special rights under English Law. Ireland's legal system is based on English Law and so recognises and accepts the primacy of Market Rights. Market Rights that were granted four hundred years ago are still as valid now as they were then and in Ireland have constitutional protection.
A "Market Right" is also the publics right to trade in a certain area, at a certain time. In Ireland and England complex laws have evolved in relation to Market Rights and on the whole reflect the general public's need for the use of a market place .The right exists as much for the customer as it does for the seller.
In June 1996 the Government introduced the 'casual trading act 1995' which replaced the 'casual trading act 1980'. It gave far more powers to local authorities to "deal with" casual trading than the previous 1980 act. It was also widely interpreted by many local authorities to be able to regulate markets that held a Market Right. Traders trading in traditional markets that enjoy Market Rights hold around 80% of casual trading licenses in the country. The local authorities interpretation seems to be wrong in the light of a District Court Ruling in Skibereen last year between Madeleine McKeever and Quentin Gargin vs. Skibereen Town Council and An Garda Siochana.
The 1995 act also laid out a procedure for extinguishing Market Rights and inserted the clause that "where a Market Right in the functional area of a local authority remains unexercised for a period of not less than ten years, then, the Market Right concerned shall stand extinguished." This has far reaching consequences for the development of markets throughout the country. The Casual Trading Act uses the word "may" instead of the word "shall", in other words, Local Authorities are not obliged to do anything proactive for markets. Markets present a bureaucratic challenge and if constitutional rights do not protect them, local authorities are liable to do the bare minimum to manage them. There are many examples nationally of Local Authorities failing to provide anything like adequate facilities under the casual trading act 1995. Market Rights offer the only safeguard in this situation.
Since 1997 the Government has been promising a thorough review and, if necessary, overhaul of the Casual Trading Act. The Competition Authority report was finally produced in late 2002 with clear recommendations to improve the act, but there is little evidence of substantial change to come.
Traditional Markets and Fairs are able to be regulated by the Markets and Fairs Clauses Act 1847, a fact that most Local Authorities choose to ignore. This is not an arcane act with any relevance to 21st century Ireland as the Limerick Market is successfully managed with this very act. This is the only market in the country that uses the correct legislation even though most market trading requires the use of this act.