Eamon Ryan (Dublin South, Green Party)

I am in accord with Deputy Coveney's views on the need to regulate the promotion of alcohol on television and on the protection of minors in this area, as well as the wider issues for society. I have provided a requirement in section 42 that the broadcasting authority of Ireland prepare codes governing the standard and practices to be observed by broadcasters. These provisions, under section 42(2)(h), approximate and develop the previous provisions under which the BCI prepares the general advertising code, and the code specifically addresses the central point made with regard to the advertising of alcohol. It prohibits commercial communications for drinks which contain alcohol content over 25%, which means that drinks such as vodka, whiskey, rum and so on are prohibited, and the same provision applies to alcopops. The code also states that commercial communications for alcohol should not be aimed at children, or encourage children and other non-drinkers to begin drinking. Under section 42(9), I have provided for the continuation of this code.

The regulation of alcohol in the State is also a cross-departmental issue. My colleagues in the Department of Health and Children and the Department of Justice, Equality and Law Reform have all brought forward measures on this topic in the recent past, such as the revised codes on alcohol marketing, communications and sponsorship and the Intoxicating Liquor Act 2008. In light of that, I believe that the measures I outlined and those outlined by my colleagues in those Departments provide for the ongoing delivery of a governmental response which is both measured and complimentary, and which encompasses the concerns raised by the Deputy. Therefore, I cannot accept amendments Nos. 43 and 45.

In amendment No. 47, Deputy Coveney proposes a requirement that the broadcasting authority of Ireland appears once a year before the joint committee to report on existing codes, amendments to such codes or new codes, as well as subjecting BAI codes to the approval of the Minister of Communications, Energy and Natural Resources. Section 20 empowers the relevant Oireachtas committee to call the CEO and chairperson of the authority before the committee at any stage. Section 45 requires that any broadcasting code or rule made by the BAI must be laid before the Houses of the Oireachtas and maybe annulled by resolution of the Houses of the Oireachtas; something that is entirely new in broadcasting legislation. Section 45 also requires the BAI to review the effect of broadcasting codes or rules once every four years, and subsequently to lay the report of such a review before the Houses of the Oireachtas. These existing provisions already empower the joint committee to scrutinise the development of broadcasting codes by the BAI.

The second element of the Deputy's amendment relates to ministerial approval of such codes. I would not be in favour of this, as it would interfere with the independence of the BAI in respect of the development of codes. The purpose of section 45 is to recognise the independence of the BAI in carrying out its duties as an independent content regulator, while also keeping the Oireachtas fully appraised of its work. Accordingly, I cannot accept the Deputy's amendment.

See this speech in context