Catherine Martin (Dublin Rathdown, Green Party) | Oireachtas source

I thank the Senators for their proposed amendments. Amendments Nos. 123 and 125 would specifically insert references to substitutes for breast milk or milk-based formulae into section 46N(5). This would make explicit the power of coimisiún na meán to prohibit commercial communications relating to infant and follow-on formulae in the context of media service codes. I recognise the intention of the amendments and understand the concerns the Senators have regarding the advertisement of infant and follow-on formulae. The public health advice is clear that there is considerable evidence to demonstrate the importance of breastfeeding for the health of both mothers and infants. Data from the World Health Organization indicate that Ireland has lower breastfeeding rates than the global and European average.

Members will be aware that the information requirements and advertising standards in respect of infant, meaning a child under 12 months, and follow-on formulae are currently set out in EU regulations. These regulations set out detailed composition and labelling requirements for infant and follow-on formulae intended for use by infants in good health and recognise the importance of the World Health Organization international code of marketing breastmilk substitutes. The Food Safety Authority of Ireland is responsible for implementing these information requirements, while policy responsibility rests with the Department of Health. Under the extant Broadcasting Act 2009, the Broadcasting Authority of Ireland, BAI, has issued the general commercial communications code, which provides that commercial communications for infant and follow-on formulae shall comply with all relevant Irish and European legislation and with rules, regulations and codes of practice issued from time to time by a relevant public health body. This is appropriate, as the BAI ultimately must rely on public health advice issued by the appropriate bodies as regards public health matters.

Following the enactment of this Bill, it will be an coimisiún that will be tasked with making media service codes. The general commercial communications code will continue in force until superseded by any code that an coimisiún will make. I can see the merits in setting out explicitly in legislation that an coimisiún may prohibit commercial communications relating to infant or follow-on formulae through media service codes, subject to considering the appropriate health advice on the matter. As the marketing of infant formulae is the policy responsibility of the Minister for Health, I will ask my officials to consult with officials in the Department of Health in the first instance. While I do not accept these amendments today, I will return to the House on Report Stage to set out the next steps.

I am not willing to accept amendment No. 103. It would appear to immediately ban the advertisement of breast milk substitutes on broadcasting and certain video on-demand services. As I said, primary policy responsibility lies with the Department of Health and other public health authorities, and rules providing for information and advertising standards are harmonised through the EU regulations. It is best to allow an coimisiún to consult with public health authorities before any decisions are made regarding the prohibition of commercial communications for infant or follow-on formulae. This both respects the regulatory independence of an coimisiún and allows for the advice of public health authorities to be considered.

Amendment No. 124 would make explicit the power of an coimisiún to prohibit commercial communications relating to alcohol through a media service code. The advertisement of alcohol has primarily been addressed through the Public Health (Alcohol) Act 2018, which contains strong measures to limit the exposure of children to advertising. Sections 15 and 16 of the Act, which are in operation since November 2021, restrict alcohol advertising and sponsorship promoting alcohol products and include a ban on alcohol advertising and sponsorship at events aimed particularly at children or at which the majority of participants or competitors are children. These measures help to ensure that children can grow up in circumstances where they are not regularly exposed to alcohol products and alcohol advertising.

Section 19 of the Act provides for a broadcast watershed on radio and television stations. Prohibiting alcohol advertising during times when children might be in the audience will reduce children's exposure to such advertisements. The Department of Health is working with my Department, the Broadcasting Authority of Ireland and the environmental health service of the HSE with regard to the commencement of this provision. Policy responsibility for alcohol advertising rests with the Minister for Health within the framework of the public health legislation on this issue. The Public Health (Alcohol) Act contains a suite of measures specifically designed to protect children from exposure to alcohol advertisements. I am committed to engaging with the Minister for Health and his Department to facilitate the early commencement of the remaining sections of the Act. I expect that any media service codes issued by an coimisiún will set out the requirement on broadcasters and video on-demand services providers to fully comply with the Public Health (Alcohol) Act. This Bill already provides an coimisiún with sufficient power to do so, and I do not propose to accept the amendment.

Regarding amendments Nos. 120 and 128, as a matter of principle I cannot accept amendments which would unduly limit the discretion of an coimisiún in the creation of regulatory codes. Accordingly, I do not propose to accept them.