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Advertising Regulation

Dáil Éireann Debate, Tuesday - 20 February 2018

Tuesday, 20 February 2018

Questions (393, 394, 395, 396, 397)

Louise O'Reilly

Question:

393. Deputy Louise O'Reilly asked the Minister for Health his views on whether the definition of corporate social responsibility in the voluntary codes of practice on the marketing of food and non-alcoholic beverages will be exploited in view of the fact that the codes will exempt CSR initiatives; if he will provide examples of CSR initiatives that will be exempt; his plans to ensure companies make CSR codes available to the designated body; and if he will make a statement on the matter. [8627/18]

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Louise O'Reilly

Question:

394. Deputy Louise O'Reilly asked the Minister for Health the way in which the voluntary codes of practice on the marketing of food and non-alcoholic beverages section relating to sponsorship linked to HFSS food will operate specifically with regard to restrictions not extending to corporate identities, trading names or master brands; the sponsorship under this exemption that will be permitted; and if he will make a statement on the matter. [8628/18]

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Louise O'Reilly

Question:

395. Deputy Louise O'Reilly asked the Minister for Health the monitoring body to be designated to monitor the voluntary codes of practice on the marketing of food and non-alcoholic beverages; the timeframe for the designation of this body and the development of guidelines for implementation of the code and mechanisms for monitoring; and if he will make a statement on the matter. [8629/18]

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Louise O'Reilly

Question:

396. Deputy Louise O'Reilly asked the Minister for Health the meaning of effectiveness and compliance in terms of the voluntary codes of practice on the marketing of food and non-alcoholic beverages; the way in which compliance will be measured; his views on whether a post airing or publication complaint process is a suitable means to monitor compliance; if there will be penalties for non-compliance; if there will be a timeframe in which his Department will measure if the codes have been successful before introducing statutory regulation; and if he will make a statement on the matter. [8630/18]

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Louise O'Reilly

Question:

397. Deputy Louise O'Reilly asked the Minister for Health when the voluntary codes of practice on the marketing of food and non-alcoholic beverages will be reviewed; the person or body that will review it; and if he will make a statement on the matter. [8631/18]

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Written answers

I propose to take Questions Nos. 393 to 397, inclusive, together.

This is a matter for the HSE therefore I have referred the question to the HSE for attention and direct reply.

The national Obesity Policy and Action Plan (OPAP) was approved by the Government in 2016. The OPAP recommended that a code of practice for food and beverages promotion, marketing and sponsorship be developed, implemented and evaluated in conjunction with the food indsutry, HSE, Dept of Children and Youth Affairs, safefood, Food Safety Authority of Ireland and advertiser organisations. The OPAP premised this recommendation by providing that 'already there are many examples of the food industry making positive contirubtions to the prevention of obesity and it is essential to capitalise and expand on such initiatives'.

The group that developed the Codes involved representatives from the food industry, advertising sector, statutory agencies, and various Government Departments. It was chaired by the former CEO of the statutory Food Safety Authoirty of Ireland.

The Codes of Practice are one of the suite of actions set out in the OPAP in the knowledge that no single sector or agency, or no single action, is able to solve this issue on their own. Everyone and every sector has a role to play in those solutions.

Section 10 of the Codes of Practice provides for a governance framework for these codes. It stipulates that monitoring for compliance and effectiveness encompasses:

1. Compliance of the food industry with the rules in the Codes governing the various media and

2. the efficacy of the Codes of Practice with respect to achieving their objectives of ensuring that:

- So-called High Fat Sugar and Salt (HFSS) foods are marketed in a responsible way

- children are not exposed to inappropriate marketing, advertising or sponsorship associated with these kinds of food and drink products

- healthier food choices are actively promoted.

Section 10 of the Codes on governance also provides that:

'The monitoring body will be free to decide on its operational methods. However the body will have access to and review relevant data from all companies and partner organisations.'

It elaborates further on what monitoring for compliance and effectiveness shall involve. It provides that monitoring will include:

a. 'Independent research/monitoring across all of the areas governed by these Codes to assess adherence, and

b. Investigating and dealing with complaints.'

Furthermore, the Codes provide that:

'The monitoring body shall commission research that will inform it of the effectiveness of these Codes in achieving their stated aims and objectives.'

The food industry and relevant sectors have agreed to the implementation of these Codes. The Codes were only launched last week and so it is too early to be specific about the other queries raised by the Deputy pending the establishment of the monitoring body and the development of guidelines for the implementation of the Codes during 2018.

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