Seán Power (Kildare South, Fianna Fail)

With regard to amendments Nos. 29, 32 and 35, the regulation of alcohol in the State is a matter which falls to be addressed on a cross-departmental basis. The Department of Health and Children, which is the lead Department on the health-related issues of alcohol, has, as Senators will be aware, recently reviewed the voluntary code to reduce the exposure of young people to alcoholic drink on television. This was agreed with the drinks and advertising sectors back in 2005. The revised codes on alcohol, marketing, communications and sponsorship represent a strengthening of the existing codes.

In April, the Department of Justice, Equality and Law Reform published the Intoxicating Liquor Bill 2008, which addresses the promotion and sale of alcohol, opening hours and public order issues. It was the intention to take that Bill in the Dáil tomorrow, although the schedule has been changed and it may instead be introduced next week.

In respect of broadcasting legislation, we have provided in section 42 for a requirement on the broadcasting authority of Ireland to prepare codes governing the standards and practices to be observed by broadcasters. Senators will be aware that section 42(2)(h) approximates and develops the previous provisions under which the BCI prepared the general advertising code. This code specifically addresses the points made in regard to the advertising of alcohol. We have provided under section 42(9) for the continuation of this code. I consider that section 42 assists the whole of Government approach needed to adequately address the concerns raised by Senators and, as such, I do not propose to accept the amendments.

With regard to amendment No. 36a, I have provided under section 43(4)(j) that broadcasting codes shall provide for the matters required in chapters IIA, IIB, IV and V of the audiovisual media services directive. Senators will be aware that under chapter IIA, article 3(g)(1), commercial communications involving product placements are prohibited. While derogations may apply in respect of certain categories of programming, including cinema, series made for television, sports programmes and light entertainment, this derogation does not apply to children's programming. Senators will be aware that the product placement provisions of the existing Broadcasting Commission of Ireland codes, specifically its general advertising code, prohibit product placements. We have provided under section 42(9) for the continuation of these codes. The advertising code prohibits commercial communications for drinks which contain alcohol content of 25% or above. That means drinks such as vodka, whiskey, rum, gin and brandy are prohibited. The same applies in respect of alcopops. The code also states:

Commercial communications for alcoholic drinks shall not encourage children or other non-drinkers to begin drinking. It shall be cast towards brand selling and identification only.

Broadcasters shall ensure that commercial communications for alcoholic drinks are not transmitted in or around programmes primarily intended for children and shall take account of the age profile of the viewers and/or listeners to ensure they are communicated, so far as it is possible, to adults.

That makes clear what we are trying to do.

Section 42 also requires the broadcasting authority of Ireland to prepare codes governing the standards and practices to be observed by broadcasters. Section 42(2)(g) provides that advertising and teleshopping material, sponsorship and other forms of commercial promotion implied in any broadcasting service, in particular those which advertise activities likely to be of direct or indirect interest to children, protect the interests of children and have regard for their general public health interests. Furthermore, section 42(4) provides that a broadcasting code prepared by the BAI under section 42(2)(g) may prohibit the advertising by a broadcasting service of a particular class or classes of food or beverage considered by the authority to be the subject of public concern in respect of the general public health interests of children, particularly products which contain fat or trans-fatty acids, salts or sugars. As I consider these provisions to adequately address the concerns raised by Senators, I cannot accept the amendment.

In respect of amendments Nos. 36b and 36c, section 43 requires the BAI, inter alia, to prepare rules for broadcasters in respect of access to broadcasting services by persons with hearing impairments. These provisions approximate and develop the previous provisions under which the BCI prepared the access rules. Section 43(7) provides for the continuation of these codes. The BAI is the appropriate body to consider and decide on the matters raised in these amendments. I can see the merit of the proposed amendments but I am sure Senators will agree that the practicalities of implementation are more appropriate to the BAI, which can take all relevant matters into consideration in developing the access rules. Section 43(6) provides that the BAI must review a broadcasting code made under subsection 43(1)(c) every two years or such lesser period as it may decide. Furthermore, section 44 provides that draft broadcasting rules prepared by the BAI are subject to public consultation. I consider these processes to provide ample opportunity for input into the development of access rules, including the issues raised by Senators. Accordingly, I do not propose to accept the amendments.

Senator O'Toole asked me to have an open mind. I like to think I always have an open mind. We do not have a monopoly on wisdom and are prepared to consider good amendments. We see some merit in what has been proposed. TG4 has an Irish language teletext service and a bilingual Internet service, although it does not provide Irish subtitling. If a programme were broadcast as Gaeilge with subtitling as Béarla, it might be helpful from the point of view of learning Irish. The Broadcasting Complaints Commission and the Broadcasting Commission of Ireland have published key documents in response to correspondence in Irish.

There is always room for improvement, and I listened attentively to Senators' arguments and will consult my colleagues when we have finished our debate in this House. However, I will have to disappoint some Senators because I am not in a position to accept their amendments as presented.