Paul Murphy (Dublin South West, RISE)
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300. To ask the Minister for Health if his attention has been drawn to food advertisements targeting children by companies; and the way that he will combat same. [61370/22]

Frank Feighan (Sligo-Leitrim, Fine Gael)
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The WHO European Regional Obesity Report, published earlier this year, warns of the serious health risks associated with rising levels of obesity. In the European Region, overweight and obesity have reached epidemic proportions, with prevalence levels higher among males (63%) than among females (54%).

In Ireland, overweight and obesity pose an increasing challenge, with one in five children and 56% of the adult population now living with overweight or obesity, according to the Healthy Ireland Survey, 2022. The Survey was published on Monday, 5th December and provides an update on overweight and obesity levels in Ireland, following the COVID-19 pandemic. The Survey is available at the following link: www.gov.ie/en/publication/f9e67-healthy-ireland-survey-2022/.

The policy instrument for addressing obesity in Ireland is “A Healthy Weight for Ireland’, the Obesity Policy and Action Plan (OPAP), which was launched in September 2016, under the umbrella of the Healthy Ireland Framework, our national policy for health and wellbeing in Ireland. 

The OPAP covers a 10-year period, up to 2025, and aims to reverse obesity trends, prevent health complications and reduce the overall burden for individuals, families, the health system, and the wider society and economy. Implementation of the OPAP is overseen by a cross-sectoral and cross-Departmental group, the Obesity Policy Implementation Oversight Group (OPIOG), chaired by the Department of Health.  Deliverables under the OPAP are also reflected in a number of key policy documents, including the Sláintecare Implementation Strategy and Action Plan and the Healthy Ireland Strategic Action Plan (HI SAP).

The OPAP recognises that obesity is a complex, multi-faceted issue and needs a multi-pronged solution, with every sector of society playing its part. This is also emphasised by the 2022 WHO European Regional Report. The OPAP also includes most of the recommended policy actions in the WHO 2022 report.  Childhood obesity is a key priority under the OPAP, as is reducing the inequalities underlying obesity rates, where children (and adults) from lower socioeconomic groups have not only higher levels of obesity but are also facing challenges in accessing healthy food in the current cost of living crisis.  Many initiatives and policies which address different aspects of the complexity of obesity have been developed and progressed over the last number of years. A review of the OPAP is scheduled to be published in the coming weeks, alongside an evaluation of the OPAP undertaken by the Centre for Health and Diet Research, University College Cork for the Department of Health.

In relation to the issues around advertising and marketing of unhealthy foods aimed at children, significant work is ongoing at both EU and national levels to restrict such marketing.

At an EU level, since 2020, Ireland and Portugal have co-led a Work Package on Restricting the marketing of unhealthy foods to children and adolescents under the EU Joint Action “Best ReMaP” (Best practices in Reformulation, Marketing and public Procurement), working with 15 other Member States which is due to complete its work in 2023. This includes proposing a revised WHO Nutrient Profiling Model for use throughout Europe in implementing the Audio-Visual Media Services Directive. This model will also be used in the EU Codes of Practise templates, adaptable by Member States, for use with non-broadcast media, including digital media; product placement (including multi-buy options) and sponsorship. As part of this Work Package, a Digital Media Monitoring Framework is being developed for EU-wide use.

Member States have also recently established National Intersectoral Working Groups, to facilitate the implementation of the food marketing tools developed by the Joint Action Best-ReMaP and the integration of policies into national legislation after the end of the Joint Action.

An EU Protocol aimed at monitoring unhealthy food marketing to children is well underway which is expected to draw on existing WHO Protocols, address gaps that may exist, and create substantive guidance and hands-on materials to support Member States and institutions wishing to carry out food marketing monitoring.

The EU Framework for Action is the final deliverable of the Joint Action Best-ReMaP Work Package 6, expected to be finalized by September 2023. This framework will contain all the tools developed by the Work Package, including the WHO/EU harmonized Nutrient Profiling Model, the EU coordinated monitoring protocol and technical guidance to implement best practices when restricting marketing of unhealthy foods to children as mentioned above.

With regard to current rules in Ireland regarding advertising, sponsorship, product placement and other forms of commercial promotion aimed at children or broadcast in or around children’s programming, these are contained in the Childrens’ Commercial Communications Code (CCCC).  This is a statutory broadcasting code issued by the Broadcasting Authority of Ireland pursuant to section 42 of the Broadcasting Act 2009.

In relation to specific legislation which seeks to address the promotion of “junk food”, my colleague, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, is currently bringing a Bill through the Oireachtas which will do just this. The Online Safety and Media Regulation Bill 2022, which has completed all stages in the Seanad and has passed the first three stages in the Dáil, will dissolve the BAI and establish a new regulator, Coimisiún na Meán. It is also understood that it is hoped the Bill will be enacted before year end.

Under the Bill, broadcasting codes will ultimately be superseded by media service codes, which will apply to both video-on-demand and broadcasting services. Furthermore, An Coimisiún will be enabled to make online safety codes which apply to designated online services, such as video-sharing platform services (e.g. YouTube). Similar to broadcasting codes such as the CCCC, media service and online safety codes may provide for the regulation of commercial communications relating to foods or beverages which may be the subject of public concern in respect of the general public health interests of children. The consultation process for a new CCCC is expected to be undertaken by the new Media Commission, Coimisiún na Meán, following the enactment of the Online Safety and Media Regulation Bill. As the Department responsible for public health policy, the Department of Health would expect to contribute to, and be consulted on, the making of any codes by Coimisiún na Meán relating to the advertisement of food or beverages at children.