Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 275: To ask the Minister for Justice, Equality and Law Reform if he will clarify the effect and impact of the new voluntary Code of Practice On The Display And Sale Of Alcohol Products In Mixed Trading Premises on the premises of independent retailers who have not signed up to the code; and if he will make a statement on the matter. [24413/09]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 276: To ask the Minister for Justice, Equality and Law Reform if he will proceed with the commencement of section 9 of the Intoxicating Liquor Act 2008 in view of the fact that a retailer (details supplied) has not signed up to the new voluntary Code of Practice On The Display And Sale Of Alcohol Products In Mixed Trading Premises, and as a result the code will not be applied in hundreds of outlets across the country; and if he will make a statement on the matter. [24414/09]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 275 and 276 together.

The Government Alcohol Advisory Group submitted its Report containing recommendations for reforms in statutory provisions on the public order aspects of the sale and consumption of alcohol in March 2008. Its key recommendations, including the recommendation that alcohol products be displayed separately from other food products and beverages in mixed trading outlets (supermarkets, convenience stores and garage forecourts) were subsequently given statutory effect in the Intoxicating Liquor Act 2008. Section 9 of the Act gives effect to the "structural separation" requirement.

During the period leading up to enactment of the 2008 Act, I met with representatives of the mixed trading sector and agreed to consider their proposal to implement a voluntary code of practice as an alternative to implementing section 9 of the Act. I subsequently agreed to defer implementation of the statutory provisions in favour of an agreed voluntary Code and stated that if independent audit and verification were to show that the Code was being implemented effectively across the country, and achieving the objectives of structural separation, it might not be necessary to commence section 9. If not, I indicated that I would not hesitate to implement the statutory provisions.

This is the background against which I launched the Code of Practice on the Sale and Display of Alcohol Products in Mixed Trading Premises on 12 May last. The Code represents a voluntary commitment by the mixed trading sector to separate the display of alcohol as far as possible from other food products and beverages in mixed trading outlets. It also contains additional commitments on responsible sale of alcohol.

As regards independent audit and verification, the position is that a new body - Responsible Retailing of Alcohol in Ireland ( RRAI) - has been established by the mixed trading sector to oversee implementation and enforcement of the Code. The sector has appointed Mr. Pádraic White as Chairperson of the new body. Mr White will submit the first RRAI implementation report to me in September next. It will contain details of progress made by retailers across the mixed trading sector in implementing the Code and will provide a basis for assessing whether or not the Code is in practice achieving the objectives of structural separation.