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The behind-the-scenes machinations shaping the government’s new alcohol laws

The Public Health (Alcohol) Bill aims to impose restrictions on alcohol advertising in Ireland.

The new Public Health (Alcohol) Bill has been under consideration by the government since late 2015 but has not yet been enacted. It is a far-reaching bill with new legislation on aspects such as minimum pricing, advertising and product labelling.

Over the next few weeks, TheJournal.ie will look at different aspects of the bill, the sides for and against the measures, and the effect the bill will have.

THE PUBLIC HEALTH (Alcohol) Bill was published by then-Minister for Health Leo Varadkar in December 2015.

It has a wide-ranging set of measures designed to reduce the effects of alcohol-related harm in Ireland.

An important aspect of the legislation relates to how alcohol can be advertised, both in shops and supermarkets, on billboards and at sporting events.

While the Bill has cross party support, a number of changes were recommended after it was debated at committee stage. Politicians have also highlighted how a great deal of lobbying has been done by industry to try and amend other aspects before it gets signed into law.

Advertising Restrictions

Some of the restrictions included in the bill relate to advertising in public spaces, at events and in media outlets.

In terms of outdoor advertising, ads promoting an alcohol product would be prohibited in or on public service vehicles, at bus stops and in or at a train or bus station.

Outdoor advertising within 200 metres of a school or playground will also be banned.

At the committee stage (the third stage, after it has been debated in the Dáil), it was proposed that the following line was put in: “Advertising, indirect advertising and other sales promotion of an alcohol product is prohibited if it is carried out or aimed at the general public in public places.”

It was also proposed that alcohol sponsorship of sport would be phased out by the end of 2023, and that sponsorship of any event which is particularly aimed at children is also banned.

Another amendment tabled related to the broadcast watershed for alcohol advertising.

Addressing the committee, Minister of State Marcella Corcoran Kennedy explained: “It states that advertisements for alcohol products cannot be broadcast on television before 9pm and that such advertisements cannot be broadcast on the radio other than between the hours of 10am and 3pm on weekdays.

The watershed times have been agreed in consultation with the Department of Communications, Climate Action and Environment and the Broadcasting Authority of Ireland, which have the intelligence in this area.

A spokesperson for Alcohol Action Ireland told TheJournal.ie that while advertising restrictions alone will not solve the public health crisis of alcohol in this country, all of the measures in the legislation “are designed to work together to help create an environment that supports or empowers people to make healthier choices in relation to their alcohol consumption”.

Brewers, however, have claimed that the advertising restrictions proposed will effectively freeze them out from the majority of all outdoor advertising space in major cities in Ireland.

The Alcohol Beverage Federation of Ireland (ABFI) has a twofold argument, saying that the restrictions are “disproportionate” and that they won’t work.

shutterstock_355582886 Shutterstock / Alexandru Nika Shutterstock / Alexandru Nika / Alexandru Nika

The body, which represents brewers, distillers, brand owners and distributors in Ireland, has also warned that the move will have negative consequences across a variety of sectors, claiming the watershed rule will have “huge financial implications for domestic broadcasters” in terms of revenue.

ABFI Director Ross Mac Mathúna said: “We would like to see the sensible implementation of the Bill, however the proposed measures are not fit for purpose and will result in unintended consequences.”

Their figures claim that, of the 8261 advertising spots in Greater Dublin, Cork and Limerick, only 969 of these (11.7%) would be available to book for alcohol advertising under the provisions of the Public Health (Alcohol) Bill.

A spokesperson for Alcohol Action Ireland criticised a lack of evidence to substantiate this claim that 88% of outdoor advertisement space would be made unavailable under the new system.

They also told TheJournal.ie that the alcohol industry was not “primarily concerned with ‘unintended consequences’ of this legislation, but the intended consequence” which would ultimately aim for a reduction in alcohol consumption.

Alcohol marketing and children

The ABFI says that the restrictions on advertising will have little benefit on the issue of underage drinking.

Countries such as France have banned advertising at sporting events and have implemented content restrictions on other alcohol-related advertising, but the ABFI argues that research on underage drinking in France show that these measures will not work in Ireland.

Data published in 2013 did show that there was an increase in the number of underage drinkers consuming alcohol regularly in France, but this is not directly linked to advertising.

Mac Mathúna said: “We are concerned about the proposed advertising restrictions given the lack of clear evidence that these measures will address the misuse of alcohol.

Underage consumption [in Ireland] is declining.

According to the recent ESPAD survey – a European-wide survey on alcohol use among teenagers – Ireland was found to be below average in terms of alcohol use in a number of categories, including regular consumption.

One category, however, where Ireland did not perform so well in terms of how many teenagers had been drunk in the previous 30 days, and the average alcohol intake on the last day that they drank.

espad Percentage of prevalence, Irish teenagers versus European average ESPAD ESPAD

The Alcohol Action Ireland spokesperson said: “Children are continuously exposed to positive, risk-free images of alcohol and its use, which are far removed from the reality of the situation.

Restricting advertisements for alcohol products to content about the nature of those products will mean that advertisements will be less likely to glamourise alcohol or make it appealing to children.

“Due to weak systems of industry self-regulation, children in Ireland are currently very poorly protected from these sophisticated and powerful influences on their expectations and behaviour in relation to alcohol.”

According to research carried out at the Health Promotion Research Centre at NUI Galway, over 90% of children reported that they were exposed to traditional, or offline, alcohol advertisements in the week prior to the study being carried out.

Dr Michal Molcho at NUI Galway said: “Given that these findings echo previous studies, coupled with the vulnerability of young people to alcohol, there is a clear need for immediate action on alcohol marketing regulation.”

The ABFI, however, said: ”The drinks industry in Ireland abides, in the strictest manner, to all codes relating to advertising and marketing.”

Lobbying

As amendments to the legislation were under review by members of the Seanad, several came forward to air their frustrations on the amount of lobbying taking place from industry on the matter.

Independent Senator Frances Black told the House in November: “Is the Leader aware of the amount of lobbying by the alcohol industry on the Public Health (Alcohol) Bill? I am shocked by the amount of lobbying.

I have seen it with my own eyes. I saw seven people from the industry standing around one Deputy in the coffee dock some days ago and I was absolutely horrified.

frances black Independent Senator Frances Black Niall Carson PA Archive / PA Images Niall Carson PA Archive / PA Images / PA Images

“We have to stop listening to the industries whose representatives are in here fighting against saving lives.”

Senator David Norris also drew attention to the issue. He said: “Multinational corporations have been carrying out extensive lobbying of Members of this House. Sometimes, they are clever in how they conceal their origins referring to ‘responsible drinkers’ and all of that rubbish.

No one believes it. They have stopped lobbying me because I used to send material back and tell them that I did not believe them.

Also speaking in the Seanad on the matter, Fine Gael senator Catherine Noone expressed her fears that the advertising industry would begin to lobby members to reduce to the effect the bill will have.

She said: “My concern is that the advertising industry will start to lobby us to reduce the effect the Bill will have on its industry. The objective of the advertising measures contained in the Bill is to protect young people from exposure to alcohol marketing.

If there is to be any reduction or removal of measures in the legislation, I hope it will not be a precedent for other industries to start lobbying us. I believe this is only the start of it.
Section 20

By law, lobbyists are required to register and disclose who they are lobbying and what they are lobbying them about.

The register lists details of who has been lobbying politicians on a range of issues and, in the case of the Public Health (Alcohol) Bill, it is section 20 that has led to a great number of lobbying attempts.

Section 20 concerns the “structural separation” of alcohol products for sale in shops and supermarkets.

In practice, it will mean the erection of a physical barrier to separate alcohol from other products in shops.

On the register of lobbyists, it can be seen that shop owners have been keen to get this part of the Bill amended in particular.

Blue Silver Merchants ULC, trading as McInerney’s SuperValu Loughrea, published details on 17 January that they had phone three local TDs on the issue.

The intended results of this lobbying was to “avoid the expenditure of €45,000 in our store in order to comply with proposed legislative changes to prevent alcohol from being visible to our customers”.

A Centra store in Sligo held a meeting with three local TDs seeking the “elimination of the requirement for structural separation”.

Other recorded instances of lobbying politicians on this piece of the legislation can be found here, here, and here.

This issue almost caused a rift between Fine Gael and the Independent Alliance in November.

The Bill instructs that alcohol must be separated from the other products on sale in the shop by a physical barrier, so that alcohol products and advertising are not readily visible to members of the public.

Plans to force small retailers and corner shop owners to segregate alcohol products was a “step too far”, said the Independent Alliance.

Minister of State with responsibility for the Office of Public Works Sean Canney described the section of the bill as “a retrograde step” and said it is simply “inoperable”.

“Segregation like this will add nothing to the control of drinking. Drinking is an issue in this country and education about alcohol needs to start in the school.

“I am fearful of the fact that this legislation could drive drink further underground and make drink an even less sociable pastime,” he said.

Unlike other disagreements the Independent Alliance has had with Fine Gael in the past, this time they might actually have some support from government backbenchers.

Corcoran-Kennedy briefed her party colleagues on the new bill at the parliamentary party meeting at a November meeting, where concerns were raised were also raised by Fine Gael TDs about the impacts it will have on small corner shops.

At a previous parliamentary party meeting in October, there was a heated discussion about the new bill, with rural TDs raising the same concerns as members of the Independent Alliance.

Many stated it would be a non-runner for their constituents.

Next week, we’ll take a look at the issue of minimum pricing.

Read: ‘His eyes were rolling in his head and there was froth coming out of his mouth’

Read: New laws on the way to curb the spread of pubs and off licences

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44 Comments
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    Mute The Guru
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    Feb 5th 2017, 7:26 AM

    Typical of this inept government. Tinkering around the edges with policies that cost a lot and deliver very little.

    164
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    Mute Trisha Tully
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    Feb 5th 2017, 9:34 AM

    They had many debates about this in the Dail bar.

    136
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    Mute Suzie Sunshine
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    Feb 5th 2017, 10:00 AM

    Are they going to set an example and ban drinking while they’re working in the Dail. . If one of us was drinking on the job we’d be sacked ..

    133
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    Mute joe o hare
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    Feb 5th 2017, 10:59 AM

    @Suzie Sunshine: That is a scurrilous remark and I want you to withdraw it, unless you can show evidence of any TDs working in the dail

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    Mute Suzie Sunshine
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    Feb 5th 2017, 11:24 AM

    Joe..I burst out laughing when I read your comment.!

    33
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    Mute Trisha Tully
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    Feb 6th 2017, 8:36 AM

    So did I Suzie Sunshine.

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    Mute Ciaran Peavoy
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    Feb 5th 2017, 7:51 AM

    We can go as far as banning advertising completely and it will make little difference, it’s our attitude to alcohol we need to change in this country. Most of us are guilty of having a bad attitude towards it and it’s passed down from generation to generation. We need stricter laws that stop the sale of alcohol to those who are already drunk, to those who sell or buy alcohol for minors.

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    Mute Pauliebhoy
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    Feb 5th 2017, 8:42 AM

    And at what level is someone drunk?

    32
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    Mute Ciaran Peavoy
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    Feb 5th 2017, 10:29 AM

    When they cannot string a sentence together or stand up straight.

    17
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    Mute John Scott
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    Feb 5th 2017, 8:54 AM

    Leo not a word about the cheap drink that all the TDs seem to have a given right . Fail Bar, not a word. So more do as I say not as I do.

    109
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    Mute Fionn Bohane
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    Feb 5th 2017, 7:44 AM

    Banning alcohol sponsorship in sport is risky business , look what happened snooker and its prize no.ey when cigarettes advertising went away. Instead of imposing regulations, could they not just educate kids on the importance of responsible drinking? They never come up with new or outside of the box ideas. Regulate and tax is all we get from them.

    106
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    Mute Larry O'Doherty
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    Feb 5th 2017, 8:43 AM

    Need a drink after the length of that article!

    98
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    Mute Charles Coughlan
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    Feb 5th 2017, 8:09 AM

    The government’s actions will definitely result in increased revenue for the government and increased taxes for the rest of us.

    95
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    Mute TellingItAsItIs
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    Feb 5th 2017, 10:04 AM

    But what about the ban on gambling advertising!? Our sneakiest sickness.

    89
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    Mute Gerry Ryan
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    Feb 5th 2017, 4:45 PM

    Or a tax on betting

    11
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    Mute TellingItAsItIs
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    Feb 5th 2017, 11:35 PM

    That wouldn’t work. Kids will still be seduced by the sexy betting ads. Paddy Power etc are masters at selling gambling as fun n hip.

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    Mute mickmc
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    Feb 5th 2017, 8:22 AM

    You could argue that hiding alcohol away, not having it in your face will leave it a mystery product to the youth. Something to be tried at the first opportunity and let’s face it, it readily available in a lot of home. As far as I know there is not such a problem in France, Spain Portugal etc where they alcohol is more socially accepted. Children are allowed drink from an earlier age and thus you have to sneak around doing it in fields etc.

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    Mute Patrick
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    Feb 5th 2017, 7:55 AM

    Every time a child plays sport they see drink advertising if their local club has a bar. Are they going to close those or remove all advertising? Would it not be smarter that the advertising companies should pay for the pro players to go round the schools to young kids and teach them to play sports and be healthy and responsible.

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    Mute John Considine
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    Feb 5th 2017, 8:05 AM

    @Patrick, why would an advertising company do that?

    21
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    Mute Patrick
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    Feb 5th 2017, 8:09 AM

    Well if you offer the advertising company to choose between losing baord space and paying a premium for hotzones or to pay for a campaign as I stated, which one do you think they would choose?

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    Mute bings
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    Feb 5th 2017, 10:03 AM

    @Patrick: The gov couldn’t allow advertising companies to pay pro players to go to schools to teach kids & teenagers to play sports as the gov are not pro players. They couldn’t claim this idea back on expenses or get more tax from the pro players. This gov are only interested in themselves.

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    Mute Niall O D
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    Feb 5th 2017, 10:04 AM

    the advertising and drinks industry are already doing this with their farcical drink aware campaign, another government backed scheme where they give the drinks industry itself free reign on how to tell people how to drink ‘responsibly’. that was always going to end up being the monumental success it is now.

    19
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    Mute Patrick
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    Feb 5th 2017, 10:39 AM

    @Niall O D drinkaware is not the same. It does not target young people specifically.(under 18-21) What the government are asking is not workable and will cost investment in sport and could increase cost to business. Positive role models are needed in alot of homes that do not have any. I still see teenagers smoking.What ad influenced them? Education and changing atttitude is the answer.

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    Mute tommy dunne
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    Feb 5th 2017, 3:39 PM

    Will they stop people watching bbc where drink is advertised

    5
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    Mute Michael Clinton
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    Feb 5th 2017, 10:00 AM

    Pure joke , lead by example and get rid of the dail bar. How can anybody take them seriously when they are making decisions that affect the lives of everyone in Ireland while they have a use the subsidised bar.

    61
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    Mute Charley Brady
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    Feb 5th 2017, 10:33 AM

    @Michael Clinton: Beat me to it, Michael. I would imagine that there has been a great deal of alcohol-related harm done to the country by TDs making decisions whilst under the influence in a place of ‘work’. If they’re in any way serious — and of course, they’re not, this is just another distraction — then let them get their own subsidised house in order first.

    41
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    Mute James
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    Feb 5th 2017, 1:52 PM

    They should also remove the law which allows TD to drive drunk as long as they’re on their way to the Dail. A Dr’s not allowed to get away with it neither should they.

    12
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    Mute Neal, not Neil.
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    Feb 5th 2017, 7:42 AM

    Once again, only the privileged well-off will be allowed the basic human right to destroy their lives and families.

    33
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    Mute Anto Curran
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    Feb 5th 2017, 8:49 AM

    Seeing what your parents drink is all the advertising companies need. You are going to see the brands at home so it as you’re growing up is what you’ll be used to see so when old enough (or not in most cases) it’s what you’ll initially want to drink. Nothing the government can do about that.

    24
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    Mute bings
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    Feb 5th 2017, 10:00 AM

    We have schools in the center of towns, cities, villages all over Ireland. Are we going to close or move the pubs, hotels so that they are not within 200m of the schools. These businesses will have advertising on or outside their premises. Putting cigarettes behind a screan did nothing for smoking. You will never stop people smoking, drinking this gov needs to get their heads out of their ass and do thier job that they are well paid for.

    18
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    Mute Derry Buckley
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    Feb 5th 2017, 11:39 AM

    Bull more nanny state carp. There are much more important thing to do.

    18
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    Mute Alan Wallace
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    Feb 5th 2017, 1:59 PM

    all alcohol advertising should be banned. Alcohol is a poison and highly addictive drug that destroys lives and it shouldn’t be glamorized.

    9
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    Mute Kieran Jones
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    Feb 5th 2017, 4:00 PM

    Than god you’re not in charge Alan !

    5
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    Mute Bairéid Rísteard
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    Feb 5th 2017, 1:51 PM

    Booze is one of the biggests cons of our time in my opinion. I find the stuff very addictive and I’d have a good amount of will power in general.

    8
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    Mute Anthony Ross
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    Feb 5th 2017, 9:21 AM

    This is fine but for years we have been selling drink to cheap in shops this needs to stop maybe we are to late

    8
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    Mute Jake Gundersonn
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    Feb 5th 2017, 2:26 PM

    Fact: The Irish like to drink . Bitta craic like
    The left: let’s take it away from them because other countries don’t think that way .

    6
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    Mute The Grand O'Malley
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    Feb 5th 2017, 1:22 PM

    Banning alcohol ads on the radio from 10 am to 3pm. What moron thought that would help. Most sober children are in school during those hours

    6
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    Mute Warthog
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    Feb 5th 2017, 5:15 PM

    PC nonsense. It’s “my body” I can put into or take out of it what I want right?

    2
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    Mute Jeffrey McMahon
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    Feb 5th 2017, 11:04 AM

    Hmm. I see a potential flaw in imposing the advertising watershed. Especially when they include indirect advertising. This would impact anti drink driving adverts.

    2
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    Mute Michael Lynch
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    Feb 5th 2017, 3:24 PM

    Anyone connected to the alcoholic beverages industry—- We have your money, you have your piss.

    2
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    Mute Gerard Heery
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    Feb 5th 2017, 8:43 PM

    How do you make sustance more popular among the youth ? Ban it ! Nanny state ,trying to change nappys in the wind .

    1
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    Mute David Alan
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    Apr 10th 2017, 7:31 PM

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    1
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    Mute Paddy Farrell
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    Feb 5th 2017, 11:05 AM

    Seems obvious Irish teenagers prefer illicit drugs to alcohol above our European neighbors .

    1
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    Mute Victoria Elisbelth
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    Feb 8th 2017, 12:51 PM

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