Fergus O'Dowd (Louth, Fine Gael)

I thank Deputy Charles Flanagan for his comments. His clear message is that what makes sense should happen. The Broadcasting Authority of Ireland is an independent statutory body, which has as one of its functions the preparation of broadcasting codes or rules. Accordingly, the Minister for Communications, Energy and Natural Resources has no function in this matter and his Department has no role in the consultation process or in the actual drawing up of codes.

However, I can give a brief overview of the origins of this consultation and the developments over the coming weeks. Regulations on advertising to children have a long history but the most recent developments stem from the audiovisual media services directive, which obliged member states to encourage broadcasters to develop codes of conduct regarding commercial communications for products containing fat, trans-fatty acids, salts or sugars, which accompany or are included in children's programmes. On a national level, section 42 of the Broadcasting Act 2009 obliges the BAI to prepare and monitor compliance with certain broadcasting codes, including the children's commercial communications code, as well as reviewing these codes from time to time. In line with this legislative obligation, the BAI commenced the process of reviewing this section of the children's code, publishing a consultation document in August of last year. In this regard, the BAI may prohibit the advertising to children of foods and drinks that contain fat, trans-fatty acids, salts or sugars - often known as high-fat, sugar and salt or HFSS foods - under the terms of the Act. There is parliamentary oversight of these codes and under section 45 either House of the Oireachtas may annul a code by passing a resolution on the subject. That may be helpful to Deputy Flanagan.

The public consultation invited views on a range of matters, including types of regulation that should be applied. In addition, the consultation invited views on the recommendations of an expert working group, including a recommendation that the scientifically validated and peer reviewed nutrient profiling model developed by the Food Standards Agency in the United Kingdom would be a suitable mechanism for defining HFSS foods in the event that regulation is introduced in Ireland. Under this model, certain cheese is categorised as being high in salt, fat and sugar. The expert working group consisted of nutrition and public health experts from the Department of Health, the HSE, safefood and the Food Safety Authority of Ireland. Importantly, the expert working group expressly considered the question of whether an exemption should be granted to cheese on the grounds of its calcium content and concluded that such an exemption was unwise. Neither the BAI or the nutrient profiling model categorises cheese or other products as junk food.

The BAI has analysed the responses to the original consultation document and is planning to publish a draft code at the end of this month, for a further phase of public consultation to last eight weeks. The draft code has been informed by the submissions to the original consultation, by the BAI's regulatory obligations and by the conclusions and recommendations of the expert working group. Accordingly, I encourage all stakeholders to engage positively with this second round of public consultation. The health of Irish children should be a matter of central concern, and a robust, fair and balanced set of codes around advertising food to children has a key role to play in dealing with a range of childhood and lifelong illnesses.

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