Alan Shatter (Dublin South, Fine Gael)

I presume this question was not tabled from a European perspective. The public consultation process elicited a broad range of views on the display and sale of alcohol in supermarkets, convenience stores and similar mixed trading outlets. Looking to the future, there appear to be three main options.

The first option is continuation of the existing voluntary code of practice. The current voluntary code of practice was agreed by the previous Government. A new body, Responsible Retailing of Alcohol in Ireland Limited or RRAI, was established by the mixed trading sector to oversee its implementation and Mr. Padraic White was appointed as its independent chairperson. Mr. White's compliance report for 2011 shows levels of compliance which are broadly similar to those in previous years, with 95% for supermarkets and 79% for convenience stores. While the RRAI code has improved conditions for the display and sale of alcohol products in many mixed trading outlets, public health bodies and other licensed trade bodies have called in their submissions for commencement of section 9 of the Intoxicating Liquor Act 2008.

The second option is to commence section 9 of the 2008 Act. Section 9 requires that the display and sale of alcohol is confined to an area that is separated

from the rest of the premises by a wall or similar barrier; access to this part can only be gained from the rest of the premises through a door, gate, turnstile or similar means of access; and the only place that customers can pay for alcohol is at a counter or point of sale within this separated part of the premises. The only permitted alternative is to confine the display and sale of alcohol other than wine to a part of the premises to which the public does not have access, such as an area behind a counter. Implementation of section 9 would require alterations in the design and layout of premises. While large supermarkets could undoubtedly accommodate themselves to the new requirements without undue difficulty, small and medium sized outlets would inevitably encounter practical difficulties and face higher adaptation costs.

The third alternative is a statutory code of practice under section 17 of the Civil Law (Miscellaneous) Provisions Act 2011, which we enacted last summer. Section 17 of the 2011 Act provides for statutory codes of practice. A breach of such a code will not of itself render a licensee liable to any civil or criminal proceedings but it provides a ground on which an objection may be lodged in the District Court to renewal of the licensee's licence. Where an objection is lodged, the licensee will be faced with the inconvenience and cost of District Court proceedings prior to renewal of the licence.

Additional information not given on the floor of the House.

In conclusion, I can state that I am not in favour of retaining the current RRAI voluntary Code. The choice therefore lies between section 9 of the 2008 Act or a statutory code under section 17 of the 2011 Act. I expect to be in a position to seek Government approval for proposals regarding future arrangements in the coming weeks.

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