Simon Harris (Wicklow, Fine Gael) | Oireachtas source

Amendment No. 27 relates to the prohibition on advertising in certain places in section 13 and the proposed technical amendment to section 13(2)(a) adds parks or open spaces owned or maintained by the Commissioners of Public Works in Ireland to the list of prohibited areas. The intention is to ensure that all public parks owned or maintained by a local authority or the Office of Public Works, OPW, are covered by the legislation. This is not a policy change. It is merely a technical amendment to ensure absolute clarity.

Amendment No. 26 tabled by Senators Black and her group and Senator Devine proposes to extend the restriction on advertising to all public places. This would result in an effective prohibition on all outdoor advertising. As the Senators are aware, this is the first time in this country that we have introduced public health legislation in respect of alcohol. As a first step in restricting the advertisement of alcohol products outdoors, I consider it appropriate to aim those restrictions at areas most frequented by children and young people and I do not propose to accept that amendment.

Opposition amendment No. 28, which has also been tabled by Senator Black and her group and Senator Devine and her party, proposes to prohibit sports sponsorship by 31 December 2023. As the Senators are aware, this topic was debated at length prior to the publication of this Bill going back several years. A consensus could not be reached regarding a prohibition on sports sponsorship. Therefore, the measures in the Bill aim to restrict the alcohol advertising permitted at sports events and also the sponsorship of events in which the majority of participants or competitors are children, events aimed particularly at children and events involving driving or racing motor vehicles.The Bill provides for a review of all of the advertising provisions after three years. This means these issues can be kept under review pending the outcome of that revision after three years. For these reasons, I do not propose to accept the amendments. I have put forward amendments Nos. 25a and 27a, which are amendments to ensure non-licensed retail outlets are not prevented from selling alcohol-related merchandise. The broad definition of advertising in section 2 of the Bill means that alcohol-related merchandise, for example a key ring or backpack with the logo of an alcohol company on it, would fall under that definition. Section 13 of the Bill prohibits advertising in certain places and within 200 m of certain other places. Section 20(2) of the Bill provides that licensed shops can expose for sale alcohol-related merchandise in any area of the premises. This means that such shops may sell alcohol-related merchandise even if the premises is located in a zone in which the advertising is prohibited. If there is an off-licence located near a school, it can sell a backpack with a logo on it. There could be a gift shop right next door that cannot sell the same product. This was seen as a peculiar anomaly. When one takes section 13 and 20 together, there could be an anomaly under which a licensed shop could sell alcohol-related merchandise in a location where an unlicensed shop could not. This was never really intended. In order to avoid the anomaly, I propose to amend section 13. Section 13(1), as currently formulated, sets out the places in which prohibition on alcohol advertising does not apply. On the advice of parliamentary counsel, I am proposing a redrafted version which defines advertising, for the purpose of this section only, as effectively outdoor advertising and the free distribution of alcohol-related merchandise and exempts advertisements attached to licensed premises, a manufacturer or wholesaler. In this way, the sale of such alcohol-related merchandise is not prohibited and the anomaly is resolved.