Maureen O'Sullivan (Dublin Central, Independent)
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Question 514: To ask the Minister for Justice and Equality if he will consider enacting Section 9, 1A.a, of the Intoxicating Liquor Act 2008 in order to prevent further delays of a legislative response to the issue of mixed trading outlets selling alcohol in order to address the issues surrounding independent specialist off-licences survival in the market; if he will introduce a ban on below-cost selling to address public health and safety issues; and if he will make a statement on the matter. [24976/12]

Alan Shatter (Dublin South, Fine Gael)
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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 voluntary Code was subsequently drawn up and agreed between the mixed trading sector and the Departments of Health and Children and Justice, Equality and Law Reform. A new body – Responsible Retailing of Alcohol in Ireland Ltd (RRAI) – was established by the mixed trading sector to oversee implementation of the Code. Mr Padraic While was appointed as the independent Chairperson of RRAI.

On receipt of Mr White's third Compliance Report on the RRAI Code 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. Arising from the consultation process, I am not in favour of retaining the voluntary RRAI Code. The choice, therefore, lies between implementation of section 9 of the Intoxicating Liquor Act 2008 or implementation of a statutory code of practice under section 17 of the Civil Law (Miscellaneous Provisions) Act 2011. I expect to be in a position to seek Government approval for my proposals in relation to future arrangements for the display and sale of alcohol products in mixed trading outlets in the coming weeks.

As regards below-cost selling of alcohol products, the recently published Report of the Steering Group charged with drawing up a National Substance Misuse Strategy recommends 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.