Finian McGrath (Dublin North Central, Independent)
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Question 182: To ask the Minister for Justice and Equality if he will implement section 9 of the Intoxicating Liquor Act which would make the structural separation of alcohol a statutory requirement as well as introducing a ban on below cost selling. [20748/12]

Alan Shatter (Dublin South, Fine Gael)
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The position is that during the period leading up to enactment of the Intoxicating Liquor Act 2008, bodies representing the mixed trading sector proposed implementation of a voluntary code of practice with an independent audit and oversight mechanism as an alternative to section 9 of the Act. A code of practice was subsequently drawn up and agreed between the Departments of Health and Children and Justice, Equality and Law Reform and the mixed trading sector.

A new body – Responsible Retailing of Alcohol in Ireland Ltd (RRAI) – was established by the mixed trading sector to oversee implementation of the Code and Mr Padraic While was appointed as independent Chairperson of RRAI. Following receipt of Mr White's third Compliance Report on the RRAI Code of Practice on the Display and Sale of Alcohol in Mixed Trading Premises in October last, I launched a public consultation process inviting views on the Report and, more generally, on the voluntary approach to implementing structural separation of alcohol products in such premises. I expect to be in a position to seek Government approval for proposals relating to future arrangements for the display and sale of alcohol products in mixed trading outlets in the coming weeks.

As regards restrictions on below cost selling of alcohol products, the recently published Report of the National Substance Misuse Strategy did not recommend such restrictions due to anticipated enforcement difficulties. The Report did however recommend the introduction of a legislative basis for minimum pricing per gram of alcohol. I understand that this proposal is being actively considered by the Department of Health in the context of the development of an Action Plan to address the Steering Group's recommendations.