MINISTER FOR Enterprise Richard Bruton has decided not to introduce legislation to end the Smithfield horse market, despite repeated requests from Dublin City Council.
The council’s management and former Fine Gael lord mayor of Dublin Gerry Breen had written separately to the Minister seeking new legislation to shut down the monthly fair following violence last March during which two men were shot and another was injured with a slash hook.
A letter to the council from Mr Bruton’s private secretary states that, following advice from the Attorney General, the Minister does not believe legislation is necessary. “The Attorney General has confirmed that Dublin City Council enjoys ample powers to regulate the market,” it says.
The letter says that while the horse fair was operating under an ancient market right, the council could extinguish that right by providing alternative facilities in the same vicinity as the market. The council could also choose to regulate the market under the Casual Trading Act, it says.
The council had identified an alternative site for the market in the Ballymun-Finglas area but two years ago abandoned plans for the site because of a lack of funds.
Following the redevelopment of Smithfield that began in the late 1990s, the council tried to regulate the fair but withdrew on health and safety grounds after a horse bolted in 2002, hitting a car occupied by a woman and a child.
Mr Breen said yesterday he believed the market would “die a natural death” and had already significantly shrunk due to greater enforcement by the Garda and the Department of Agriculture.
“We just, as the Minister says, have to work with what powers we have and ensure what happens at the market is kosher,” he said.
Fianna Fáil councillor Mary Fitzpatrick said she was disappointed by Mr Bruton’s attitude. A Fianna Fáil amendment to the legislation was due to come before the Dáil in the autumn which would allow the council to extinguish the market right without providing a new site, she said, adding that she hoped it would be supported by all parties.
Labour councillor Emer Costello said she was also disappointed by the Minister’s response but said she would be seeking the introduction of bylaws to regulate the market. These could be used to curtail the market by stating it could be held once or twice a year instead of monthly, she said.
