Simon Harris (Wicklow, Fine Gael) | Oireachtas source

Government amendment No. 22:

In page 16, to delete line 15 and substitute the following:

"(b) a fixture or fitting on or attached to a premises the subject of an on-licence,".

I propose to take Government amendments Nos. 22, 25, 30 to 35, inclusive, with Opposition amendment No. 23 as they all relate to the content of advertisements. A number of these amendments are quite technical in nature.

Amendment No. 22 replaces the word "in" with the phrase "attached to" in section 12(1)(b) to ensure that the language used in the Bill is consistent. In addition, it specifies that this exemption from the content of advertisements provision will apply to on-licence premises only. The exemption will facilitate the retention of existing fixtures and fittings, for example, beer taps, mirrors and heritage advertisements, in pubs. For example, one could find a certain pub with a sign about how Guinness puts hair on your chest. That is effectively a heritage sign. We are not going to around withdrawing them so that is largely my layman's way of explaining the amendment.

Amendment No 25 is a technical amendment to section 12(11). The first revision under this amendment will replace the word "sponsored" with the word "produced" regarding advertisements or public service announcements associated with the Road Safety Authority or the Department of Transport, Tourism and Sport. My Department or the HSE might often sponsor an advertisement. While we have many skills in the Department, we are not in the business of production of advertisements so the amendment clarifies the role of the Department as distinct from the role of the production company. The second revision will add the word "produced" in the context of advertisements or public service announcements associated with the HSE or the Department of Health. This is an entirely technical amendment to ensure that appropriate terminology is used in the Bill.

Amendment No 23 in the name of Senator Swanick proposes to provide a further exemption from the advertisement content requirements for visitors centres. The Senator is referring here to visitors centres that focus on the history of manufacturing of alcohol products. Perhaps this is linked to our previous discussion as it relates to whiskey museums. Section 12 provides that advertisements for alcohol products must include health warnings on the dangers of alcohol but it already excludes premises where alcohol products are manufactured or available to buy wholesale. On that basis, it is likely that many of these museums will already be exempt. Some of the examples mentioned by the Senator would very much fall into that category. Manufacturing is, therefore, already exempt and a museum, in that sense, is covered. In the public interest, we have an obligation to inform all consumers of the health risks associated with alcohol consumption. We cannot say that we believe there is a causal link between some illnesses and alcohol but that we should not inform tourists of this when they come to our country and then give them different bottles with different labels in order to circumvent the problem. There must be consistency in terms of public health policy. I see no reason why persons attending a visitors' centre or some other tourist attraction should not be made aware of the risks of alcohol consumption.Nor do I envisage that an awareness of the health implications of alcohol consumption would necessarily detract from the visitor centre experience. I have seen a number of these and people can enjoy their visitor centre experience with the same level of awareness we as Irish citizens will have after the Bill on the dangers of alcohol.

Amendments Nos. 30 to 35, inclusive, relate to advertisements in publications. Amendment No. 30 is a technical amendment to ensure consistency of language in the Bill. The amendment makes clear the provisions relating to the importation of publications apply only to those imported for sale in the State. This goes back to the idea that if people bring in something for their own personal use from abroad, such as a magazine, once they do not sell it on it is not covered with regard to the other advertisement restrictions. Amendments No. 31 to 34, inclusive, are technical amendments arising from a different lead-in time for advertising provisions. There is one lead-in time for ensuring the warning is on the advertisement, and there is a longer lead-in time for making the advertisement factual only. This is purely to make sure our language is consistent.

Amendment No. 35 proposes to allow for a further extension from the provisions in section 17 for a specialist publication that relates exclusively to alcohol products. People could produce a flyer to sell alcohol products for something local or bring in a trade magazine. The word "solely" means that a magazine which relates to wine, food or travel would not be exempted. It solely exempts specialist publications.