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Supreme Court rejects Imperial Tobacco's bid to stop cigarette display ban | Supreme Court rejects Imperial Tobacco's bid to stop cigarette display ban |
(35 minutes later) | |
One of the world's biggest tobacco firms has lost its legal fight against a planned cigarette display ban. | One of the world's biggest tobacco firms has lost its legal fight against a planned cigarette display ban. |
Imperial Tobacco challenged the Scottish government's attempts to ban open displays in shops in Scotland. | Imperial Tobacco challenged the Scottish government's attempts to ban open displays in shops in Scotland. |
A panel of five Supreme Court judges have been analysing the issue and delivered their judgement on Wednesday. | A panel of five Supreme Court judges have been analysing the issue and delivered their judgement on Wednesday. |
Bristol-based Imperial Tobacco has twice failed to persuade Scottish judges to set aside legislative provisions. | Bristol-based Imperial Tobacco has twice failed to persuade Scottish judges to set aside legislative provisions. |
The judges ruled unanimously that the ban, introduced in a Scottish Parliament Act of two years ago, should be allowed to stand. | The judges ruled unanimously that the ban, introduced in a Scottish Parliament Act of two years ago, should be allowed to stand. |
Imperial Tobacco had claimed the act was outside the competence of Holyrood as sales supply and product safety were matters reserved to Westminster. | Imperial Tobacco had claimed the act was outside the competence of Holyrood as sales supply and product safety were matters reserved to Westminster. |
The ban - which is supposed to remove the temptation for young people to take up smoking - can now come into force under a timetable to be decided by the Scottish government. | |
In delivering the judgement, Lord Hope said: "The only question is whether any of the particular rules that were laid down in the 1998 Act by which it is to be determined whether or not a provision is outside legislative competence have been breached. | |
"That is not to say that the question is easy to answer or unimportant. But the exercise that has to be carried out is essentially one of statutory construction." | |
He went on to say that "none of the challenges" of Imperial Tobacco were well-founded. | |
Lord Hope added: "Sections 1 and 9 of the 2010 Act are not outside the legislative competence of the Scottish Parliament. I would dismiss the appeal and affirm the First Division's interlocutor." | |
The ban on tobacco product displays is already in force in England and Wales. |