Brian O'Shea (Waterford, Labour)
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Question 154: To ask the Minister for Justice, Equality and Law Reform the proposals he has to stop below cost selling of alcoholic drink; and if he will make a statement on the matter. [45785/08]

Dermot Ahern (Louth, Fianna Fail)
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The problem of below-cost selling and special promotions of alcohol was examined by the Government Alcohol Advisory Group. The group's consideration of these matters is outlined in paragraphs 3.54 to 3.65 of its report. The group did not recommend measures to address below-cost selling due to the difficulty of enforcing such proposals. It was not clear on whether such measures would contradict EU trade provisions. The group recommended in paragraph 3.62 of its report measures to control promotional practices which encourage the excessive consumption of alcohol. Section 16 of the Intoxicating Liquor Act 2008 implements the group's recommendations in this regard by providing for the introduction of regulations relating to the sale, supply and consumption of intoxicating liquor. The regulations are required to be notified in draft form to the European Commission under the EU technical standards directives. This notification process takes a minimum of three months. Following the enactment of the 2008 Act, I approved the drafting of regulations to prohibit a licensee from selling or supplying intoxicating liquor at a reduced price or free of charge on the purchase of a quantity of alcohol as provided for at section 16(1)(b). The use of loyalty cards or bonus points in connection with alcohol sales is also prohibited. These draft regulations, which were drawn up in consultation with the Department of Health and Children and the Office of the Attorney General, have recently been notified to the European Commission.