Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 103:

In page 51, between lines 21 and 22, to insert the following: "(2A) A broadcaster shall not broadcast, and a relevant media service provider shall not make available in a catalogue of the relevant service, an advertisement which seeks to promote breast milk substitutes.".

These amendments relate to a really important set of measures on the advertising of breast milk substitutes. I am aware that others have also highlighted this. Amendment No. 103 would insert a new subsection requiring that a broadcaster should not broadcast and a relevant media service provider should not make available an advertisement that seeks to promote breast milk substitutes. Amendment No. 120 — I am not sure whether it is in my name — would make it clear that the media service codes shall prohibit certain kinds of commercial communications.

I have an amendment in the section relating to the media codes that refers to "the general public health interests of children, in particular those foods or beverages which contain fat, trans-fatty acids, salts or sugars". It relates to the concern that breast milk substitutes should be mentioned in regard to the general public health interests of children.

Amendment No. 124, in the name of my colleague, Senator Black, raises this issue also. Amendment No. 125 is important because it lists breast milk substitutes as pertaining to one of the areas of commercial communication where media service codes might be made. Amendment No. 128 provides that regulations would restrict, where media service codes might be made, the inclusion in programmes of commercial communications relating to foods or beverages considered to be the subject of public concern. I am not sure if amendment No. 128 is my own, so I will let others speak to that.

This is a really good example of one of those core issues I have indicated. In our initial discussion, the Minister indicated she understood and wanted to engage on the matters of harmful content and harmful conduct. We have a public health good with breastfeeding. It is immensely important to our public health goals for children. In Ireland, we are absolute outliers. It needs to be very clear that every woman will be making her choice between breastfeeding and the use of formula; however, as I believe was stated, it is not that they are equal. There is one route that is better for public health. It is appropriate that there be public health communication in this area.

In Ireland, 6% of persons breastfeed for six months by comparison with the global average, which is 40%. Globally, the ratio of those who breastfeed to those who do not and may use formula is almost 50:50, but Ireland is only at 6%. In Ireland, we have a long tradition of not promoting or supporting breastfeeding in the way it should be. We are now seeing measures, which are welcome, on lactation, with an increase in the number of lactation consultants. Again, we are talking about just over €1 million for new lactation consultants. That is a very small amount to be invested in the promotion of supports by comparison with the funds associated with the very active agents in this area, namely those with a commercial purpose. Therefore, the fact of the moment is that in those periods when women are making decisions in this regard, the public health message must compete with one from the industry and those with commercial interests.

There are practices related to the advertising and promotion of breast milk substitutes that are really concerning. It is not simply a matter of products on a shelf. We need to be clear that this is separate from the regulation of breast milk substitutes as products but that we are seeing marketing practices such as the creation of baby clubs where persons are going to access information about some other aspect of having a new baby and are effectively entering a space where there is commercial intent and where there are provisions in respect of online chats with expert mums. There is targeting by way of competitions whereby pregnant people are encouraged to put in their names, details and due date so they can get week-by-week email updates. This could become the price of entering a competition for a new cot. These are very targeted activities that are designed to make use of commercial actors with commercial purposes and advertising in the first six months when new mothers are making decisions on whether to breastfeed.

The practices I have outlined directly breach the World Health Organization code. This code sets out specific measures — for example, that one should not seek direct contact with pregnant women or new mothers. It states directly that there should be no information function attached to a marketing function. The breaches are genuine breaches of the World Health Organization's voluntary code. They serve as a really good example of why self-regulation has not been working. That is why the World Health Organization has stated specifically, in a new report issued in the past few weeks, that it believes online advertising and online promotion of breast milk substitutes and formula for commercial reasons are undermining a major public health goal.It is important in Ireland because we have such low levels. It is also important that Ireland sets a high standard internationally. The WHO and others have estimated up to 800,000 infant deaths would have been prevented if its code on the marketing of breast milk substitutes had been fully applied. Ireland exports one third of the formula manufactured here to the Chinese market. The breastfeeding rate in China has halved over the past decade. Let us be clear that advertising and commercial communication is designed to increase the market. Its purpose is to increase the usage of a product. This is the nature of advertising and its commercial communication.

This is not to diminish women's ability to make the choices they need to make. When the WHO code first came out we had a situation where company marketing representatives almost appeared in hospitals. They are not there now but they are appearing where people are trying to access information. There is a very important message that we need more public information. We need far more public support. We need non-commercial alternatives. For example, the only non-commercial breast milk bank here is in the north of the island. This is an example that is a solution for women who are not able to breastfeed themselves. It does not make anybody any money. These types of solutions must compete. It is one thing to say we need to increase them, and we do, but we should not have them in competition with those who have a commercial purpose in this regard. This is because there is a public health cost if we do not address it. The Minister will be aware of how strongly many women feel about this issue and how much people have had to fight to try to give greater visibility to breastfeeding and get greater support for it. I hope she will consider these amendments. I recognise Senator Sherlock and others have also tabled amendments on this matter.