Charles Flanagan (Laois-Offaly, Fine Gael)
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I realise the Broadcasting Authority of Ireland has been particularly busy in recent times but I refer the Minister of State to a suggestion in the form of a proposal currently under discussion by the BAI, namely, the children's commercial communication code, under section 42 of the 2009 Act, which, if implemented, will in effect ban the advertising of cheese on television and radio before 9 p.m. This is a case of regulation and bureaucracy gone mad and I ask the Minister of State present to use his good offices to introduce an element of common sense into this debate.

I agree with a recent submission by the National Dairy Council and with the Irish Farmers Association that in this case the BAI should row back. There is very little in terms of link between moderate consumption of cheese products and obesity. I am very surprised at the level of bureaucracy involved in that cheese, as a product, should be treated in the same way as sugary confectionery or Coca-Cola. There is a certain nutritional value attached to cheese; I refer specifically to the calcium content therein. If cheese is banned as unsuitable viewing before 9 p.m. we are sending out the wrong message, with particular reference to our thriving dairy industry, jobs, targets and investment under Food Harvest 2020.

There are 34,000 jobs in the dairy industry. Its exports are worth €2.6 billion to the economy and the target under Food Harvest 2020 is to double this in the coming eight years. Teagasc recently invested €1.5 million in the development of new cheese products, mainly for our export market. If we put cheese in the same bracket as junk food, we will do ourselves and our industry a great disservice.

I ask that the importance of the dairy industry be fully recognised, as it is by the Department of Agriculture, Food and the Marine. I ask that this recognition extend to the Department of Communications, Energy and Natural Resources, whose Minister of State, Deputy O'Dowd, is present. I ask that before this regulation takes effect - we are informed it is beyond the control of the House and we cannot do anything about it - there is ministerial intervention and that each and every party and Independent Member in the House join me in issuing a clarion call to the Broadcasting Authority of Ireland to stop this madness.

Fergus O'Dowd (Louth, Fine Gael)
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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.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I do not doubt the sincerity of the Minister of State in this matter. Does the Minister of State agree that this is an example of the nanny state gone mad? Will the Minister of State advise the Broadcasting Authority of Ireland to listen to the industry and engage with it? Can I remind the Minister of State of the commitment in the programme for Government to reduce red tape and bureaucracy? This is a prime example of excessive bureaucracy. Banning the advertisements of cheese before 9 p.m. as though it is somewhat dangerous is sending out the wrong signals.

Fergus O'Dowd (Louth, Fine Gael)
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I agree with the thrust of what Deputy Charles Flanagan says and that people have strong views on this. The advisory group, the health specialists and the nutritional experts came to a view but, as I said earlier, it is a matter for the Oireachtas to make up its mind on these regulations. The Oireachtas has powers to do so and the Minister has no statutory role in this respect. However, I will bring the views of the Deputy to the Minister and I suggest that the industry engages with the Minister for Health and the advisory bodies if it has not already done so. The Minister for Communications, Energy and Natural Resources does not have a function in this matter but there is a role for the Oireachtas.