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EU Directives

Dáil Éireann Debate, Tuesday - 3 July 2012

Tuesday, 3 July 2012

Questions (404)

Jack Wall

Question:

420 Deputy Jack Wall asked the Minister for Communications, Energy and Natural Resources his views regarding a submission (details supplied); the actions he will take regarding the contents of same; and if he will make a statement on the matter. [32450/12]

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Written answers

The Broadcasting Authority of Ireland (BAI) is an independent statutory body which has responsibility under Section 26 of the Broadcasting Act 2009 for the preparation of broadcasting codes or rules. Accordingly, neither I, as Minister, nor my Department has a role in the consultation process referred to by the Deputy or in the actual drawing up of such codes.

The Audiovisual Media Services Directive obliges Member States to encourage broadcasters to develop codes of conduct regarding commercial communications for products containing fat, trans-fatty acids, salts or sugars, which accompany or are included in children's programmes.

On a national level, Section 42 of the Broadcasting Act 2009 obliges the BAI to prepare and monitor compliance with certain broadcasting codes, including the Children's Commercial Communications Code, as well as reviewing these codes from time to time. In line with this legislative obligation, the BAI commenced the process of reviewing this section of the Children's code, publishing an initial consultation document in August of last year.

Having analysed the responses to the original consultation document, the BAI published a Draft Code at the end of March, for a further phase of public consultation which ran until the end of May. This Draft Code has been informed by the submissions to the original consultation, by the BAI's regulatory obligations and by the conclusions and recommendations of the Expert Working Group.

On foot of correspondence received previously from the Irish Farmers' Association (IFA), my Department has been in contact with the BAI and neither I, nor my Department, believe that any conflict of interest arises.

I understand that the Authority has now received all of the submissions to the consultation, including that of the IFA and its concerns regarding the process. The Authority is obliged to have due regard to all submissions and will accordingly take into account all comments made in respect of its proposed regulation and the approach it has taken to the consultation process.

The health of Irish children should be a matter of central concern, and a robust, fair and balanced set of codes around advertising food to children has a key role to play in dealing with a range of childhood and lifelong illnesses.

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