However, historical market rights granted by English monarchs as far back as the 14th century have delayed progress. These ancient charters allowed towns and villages to hold markets freely within their boundaries. Since these rights were never formally repealed after the foundation of the Irish State, they are now at the centre of legal and logistical debates.

Some traders argue that long-established markets operate under a right of custom and shouldn’t be restricted to fixed areas, while a legal challenge was initiated in Bantry questioning the Council’s authority to impose new rules in light of these old decrees.

To better understand the implications, the Council engaged legal advisers and commissioned an archivist to research the extent of these historic rights. Although the report has been submitted, its findings have yet to be publicly released.

This situation sparked discussion among councillors, particularly during the early months of the Covid-19 pandemic when concerns were raised about social distancing at uncontrolled stalls. While temporary measures were considered, including closing Council-owned car parks to traders, the broader challenge remained unresolved.

Calls were made for national legislation to override these ancient charters and give local authorities clear power to enforce modern trading regulations. As Cllr Declan Hurley noted at the time, a legislative solution might be the only way to ensure fair, safe, and enforceable rules for casual trading going forward.

For those interested in reading the original article, you can find it here:
Irish Examiner – Centuries-old decrees impact on Cork’s market plans