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

I move amendment No. 29:

In page 22, lines 6 and 7, to delete “Subsections (1), (2)and (3)(other than paragraphs (a), (b)and (c)of subsection (2)and subsection (3))” and substitute the following:“Subsection (1), paragraphs (c)and (d)of subsection (2)and paragraphs (a)and (b)of subsection (3)”.

Amendment No. 29 amends section 18(6) in order to correct numbering errors to align the subsection with the policy intention behind it. In addition, the amendment corrects a printing error that occurred between the Bill as initiated and its reprinting on Committee Stage in Seanad Éireann. Finally, it redrafts the provision for clarity. Subsection (6) of section 18 relates to a publication that is published by or on behalf of the holder of an off-licence where such a publication is intended to promote the sale of alcohol products in the off-licensed premises. As set out in the explanatory memorandum to the Bill as initiated, it was intended that such publications would be exempted from certain requirements of section 18 in recognition that they are of a special category. The intention was to exempt such publications from the prohibitions in section 18(2) on alcohol advertisements on the front and back cover of a publication and on any wrapper or other covering in which they are contained.

In addition, it was intended to exempt them from prohibition in section 18(3) on the importation of publications which have more than 20% of their advertising space given over to alcohol advertisements or which contain advertisements in breach of section 18(2). The provision, as currently drafted, does not reflect the policy intentions owing to a failure to update references when a proposed subsection was removed from section 18(2) of the Bill as initiated; a failure to update references when an amendment to section 18(3)(c) in Seanad Éireann split the subsection into section 18(3)(c) and section 18(3)(d); and a printing error which replaced the reference to subsection (3)(c) with a reference to subsection (3).

I am making no policy changes with this amendment and its sole purpose is to reflect what was intended and set out in the Bill as initiated. This amendment will mean that under section 18(6), in respect of a publication which is published by or on behalf of an off-licence holder for the purposes of promoting the sale of products in the premises, the prohibition from publishing a publication in which more than 20% of the advertising space is used for the advertisement of alcohol products in section 18(1) should not apply, the prohibition in section 18(2) on alcohol advertisements on the front and back cover or on any covering or wrapping of a publication shall not apply and the prohibitions in section 18(3) on importing a publication in which more than 20% of the advertising space is being used for advertisement of alcohol products or on importing a publication which contains an advertisement that contravenes section 18(2) shall not apply. I hope that makes sense.