Oireachtas Joint and Select Committees

Wednesday, 20 June 2018

Select Committee on Health

Public Health (Alcohol) Bill 2015: Committee Stage

9:00 am

Photo of Catherine ByrneCatherine Byrne (Dublin South Central, Fine Gael) | Oireachtas source

Amendments Nos. 4 to 6, inclusive, relate to the definition of "sell" in the Bill. I support the intention behind them but I do not propose to accept them on the basis that section 23 provides for the Minister for Health of the day to make regulations to address exactly the type of issues being targeted here. Under that section, the Minister can make regulations to prohibit or restrict the sale of alcohol at a reduced price or giving it free on the purchase of another product or service. The target here is buy-one-get-one-free offers; selling alcohol at a reduced price for a limited period, defined as three days or less, for a price less than what it cost the day before the limited period; promotions such as happy hours promotions; anything that is intended or likely to encourage those present at a place, other than a private residence, to drink alcohol harmfully; selling alcohol at a reduced price or giving it free in a manner likely to encourage the consumption of alcohol in a harmful way; and advertising or promoting the sale of alcohol in ways that are prohibited or restricted.

The definition of "sell2 under section 2 is comprehensive and includes supplying for the purposes of selling or exposing for sale or distributing free of charge. The type of promotions being addressed by these amendments are provided for under the Bill with the added flexibility under section 23 that such promotions can be tackled in regulations. Addressing these concerns by regulation means that we can respond quickly should a new form of promotion arise that had not been previously contemplated. In addition, I am concerned about the risk of unintended consequences in changing the definition of a term that is used throughout complex legislation such as this Bill.

I support the intention of these amendments but on the basis that the issues of proposing to supply an alcohol product for the purpose of promoting the use of another service and proposing to supply an alcohol product in the purchase of another good or service are dealt with under section 23, which provides the Minister of the day with the power to make regulations to address them, I do not propose to accept the amendments.

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