Imelda Munster (Louth, Sinn Fein) | Oireachtas source

I move amendment No. 42:

In page 41, between lines 28 and 29, to insert the following: “(1A) Provision made for the purpose referred to in subsection (1) may not include regulation of commercial communications.”

The amendment is to ensure that self regulation of advertising is not included in the Bill. When we were engaging with stakeholders, this was something that came up time and again. Self regulation relies on an industry for its monitoring and control and then it becomes the police, judge and jury. That reason alone makes it a recipe for failure. Time and again it was pointed out that the Advertising Standards Authority for Ireland, ASAI, code for advertising, particularly where the marketing of food and beverages to children is concerned, is very weak. The statutory rules for television adverting require advance clearance of ads, but the ASAI can only act on potential breaches after complaints have been made following broadcast. That is futile. The futility of allowing self-regulation was highlighted repeatedly at the committee's hearings and it was pointed out that it is not proper regulation. That is why I tabled this amendment.