Irish Examiner view: Policing 'poor quality' busking a recipe for trouble

Killarney bylaws seeking to eradicate repetition and vulgar language are understandable enough, but enforcement officers may also need to be judges of what is good music and singing

Deciding whether or not a musician’s playing or singing is of poor quality is a subjective matter.

Holidaymakers heading for Co Kerry may notice something different about Killarney in the coming months. The regulation of buskers is now official in the popular tourist destination, with bylaws in place for just that purpose.

What this means in practice is yet to be determined, but in theory this development will give enforcement officers on the streets of Killarney powers to ensure that there is compliance with these new bylaws.

Enforcement is where practice and theory are surely destined to clash once these provisions are tested on the streets. 

Among the issues which the bylaws seek to eradicate are repetition and vulgar language, which is understandable enough (nobody wants to hear the same song being played over and over again) and such cases are easily identifiable. 

However, “poor quality” is another busking issue which these bylaws seek to address, and this is where complications are bound to arise. This provision means the enforcement officers are not just charged with ensuring the letter and spirit of the bylaws are maintained, they will also need to be good judges of music and singing.

Deciding whether or not a musician’s playing or singing is of poor quality is a subjective matter at the best of times, but making a legal principle of it is asking for trouble.