Council plans for casual trading spaces thwarted by 14th century English laws

Former kings of England have come back to haunt a local authority’s plans to introduce bylaws which would designate casual trading spaces in the towns and villages it oversees.

The Oireachtas may have to introduce new legislation to override ancient decrees issued by the monarchs to allow Cork County Council to proceed with its plans.

The council was planning to become the first local authority in the country to introduce such bylaws, but had to row back after it was told by some traders that it would face legal action.

A number of them quoted decrees issued by British monarchs — possibly dating as far back as the 14th century — which basically allowed them to trade wherever they liked in towns and not in designated areas.

The local authority first published draft casual trading bylaws in late 2016, but by February 2017 was forced to halt public consultation on them due to the nature of objections it had received.

At the time, a council source informed the Irish Examiner that nearly a dozen submissions had been received from individuals and groups signalling that they would object in the district courts to the draft bylaw proposals.

Some of those who objected represented farmers’ markets. Horse breeders also claimed that many aspects of the bylaws governing horse fairs were unworkable.

The council sought legal advice and was informed by a senior counsel that it would have to conduct “comprehensive research” into ancient market rights.

It then commissioned the research which is nearing completion.

“This basically entails a historical examination of all the market rights that existed throughout the county and represents an onerous task,” said a council spokeswoman said yesterday.

A report is currently being compiled and, once available, it will be brought before the elected members for consideration in the first instance.

“It is expected that the report will be available in the final quarter of this year,” the spokeswoman added.

Independent councillor Alan Coleman has suggested that the only way of overcoming the ancient decrees will be through legislation enacted by the Dáil which will declare them null and void.

“Otherwise, the council may be stuck,” he said.

These decrees make the situation extremely complicated, and I know a huge amount of research has been carried out by the council because of the threat of legal action.

He added that there are probably many other royal decrees issued throughout the country by English monarchs, which could prevent other local authorities from introducing similar bylaws.

“At the moment, casual traders can basically operate wherever they like,” said Mr Coleman.

“We were just trying to regularise trading. We may need national legislation enacted to overcome this.”