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| Version 3 | Version 4 |
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| Scottish courts back minimum alcohol price | Scottish courts back minimum alcohol price |
| (about 3 hours later) | |
| Plans to set a minimum price for alcohol in Scotland have been backed by the Scottish courts. | Plans to set a minimum price for alcohol in Scotland have been backed by the Scottish courts. |
| The Court of Session in Edinburgh ruled against a challenge by the Scotch whisky industry, who claimed the plans were a breach of European Law. | The Court of Session in Edinburgh ruled against a challenge by the Scotch whisky industry, who claimed the plans were a breach of European Law. |
| The ruling now paves the way for the Scottish government to implement its policy, passed by MSPs in 2012. | The ruling now paves the way for the Scottish government to implement its policy, passed by MSPs in 2012. |
| However, the judgement could be appealed by the drinks industry at the UK Supreme Court in London. | |
| Under the plans, a price of 50p per unit of alcohol would be set, taking a bottle of spirits to at least £14. | Under the plans, a price of 50p per unit of alcohol would be set, taking a bottle of spirits to at least £14. |
| The Scottish government, health professionals, police, alcohol charities and some members of the drinks industry believe minimum pricing would help address Scotland's "unhealthy relationship with drink". | The Scottish government, health professionals, police, alcohol charities and some members of the drinks industry believe minimum pricing would help address Scotland's "unhealthy relationship with drink". |
| But the Scotch Whisky Association and wine makers brought a challenge claiming it was a breach of trade law. | But the Scotch Whisky Association and wine makers brought a challenge claiming it was a breach of trade law. |
| They said other policies should be considered as an alternative to minimum pricing, including an increase in tax | They said other policies should be considered as an alternative to minimum pricing, including an increase in tax |
| 'Below cost sales' | 'Below cost sales' |
| However, in its ruling, the Court of Session said: "The advantage of the proposed minimum pricing system, so far as protecting health and life was concerned, was that it was linked to the strength of the alcohol. | However, in its ruling, the Court of Session said: "The advantage of the proposed minimum pricing system, so far as protecting health and life was concerned, was that it was linked to the strength of the alcohol. |
| "Current EU tax arrangements related to different types of product (wine, spirits, beer and cider etc) each of which had a range of alcohol strength....there was evidence which demonstrated that the alternative of increased tax, with or without a prohibition on below cost sales, would be less effective than minimum pricing." | "Current EU tax arrangements related to different types of product (wine, spirits, beer and cider etc) each of which had a range of alcohol strength....there was evidence which demonstrated that the alternative of increased tax, with or without a prohibition on below cost sales, would be less effective than minimum pricing." |
| The Scotch Whisky Association said it regretted the court's decision. | The Scotch Whisky Association said it regretted the court's decision. |
| David Frost, chief executive of the organisation, said: "We continue to believe that [the policy] is a restriction on trade and that there are more effective ways of tackling alcohol misuse. | David Frost, chief executive of the organisation, said: "We continue to believe that [the policy] is a restriction on trade and that there are more effective ways of tackling alcohol misuse. |
| "However, we of course remain committed to working with all partners to address this problem so that the long-term trend of declining alcohol-related harm in Scotland continues. | "However, we of course remain committed to working with all partners to address this problem so that the long-term trend of declining alcohol-related harm in Scotland continues. |
| "We will study the details of the judgement and consult our members before deciding on next steps, including any possible appeal to the UK Supreme Court." | "We will study the details of the judgement and consult our members before deciding on next steps, including any possible appeal to the UK Supreme Court." |
| 'Industry's delaying tactics' | 'Industry's delaying tactics' |
| The Scottish government called on the SWA and others in the drinks industry to respect the judgement of the court. | The Scottish government called on the SWA and others in the drinks industry to respect the judgement of the court. |
| Aileen Campbell, Minister for Public Health, said: "The Scotch Whisky Association represents some of Scotland's finest whisky brands, and while they were entitled to raise this action, they, and the wider drinks industry, must now respect the democratic will of the Scottish Parliament and the ruling of the Court of Session and enable this life-saving measure to be introduced. | Aileen Campbell, Minister for Public Health, said: "The Scotch Whisky Association represents some of Scotland's finest whisky brands, and while they were entitled to raise this action, they, and the wider drinks industry, must now respect the democratic will of the Scottish Parliament and the ruling of the Court of Session and enable this life-saving measure to be introduced. |
| "This policy was passed by the Scottish Parliament unopposed more than four years ago. In that time, the democratic will of our national parliament has been thwarted by this ongoing legal challenge, while many people in Scotland have continued to die from the effects of alcohol misuse. | "This policy was passed by the Scottish Parliament unopposed more than four years ago. In that time, the democratic will of our national parliament has been thwarted by this ongoing legal challenge, while many people in Scotland have continued to die from the effects of alcohol misuse. |
| "Today's ruling is a landmark one, and should mark the end of the legal process, allowing this important policy to finally be brought forward." | "Today's ruling is a landmark one, and should mark the end of the legal process, allowing this important policy to finally be brought forward." |
| Doctors' leaders also welcomed the ruling. Dr Peter Bennie, chairman of BMA Scotland, said a minimum price was the action needed to improve Scotland's "damaging relationship with alcohol". | Doctors' leaders also welcomed the ruling. Dr Peter Bennie, chairman of BMA Scotland, said a minimum price was the action needed to improve Scotland's "damaging relationship with alcohol". |
| He added: "Every year that has been lost to the alcohol industry's delaying tactics has brought with it a human cost in lives lost and health damaged. | He added: "Every year that has been lost to the alcohol industry's delaying tactics has brought with it a human cost in lives lost and health damaged. |
| "The alcohol industry needs to accept today's judgement and stop attempting to put their own agenda ahead of the public interest." | "The alcohol industry needs to accept today's judgement and stop attempting to put their own agenda ahead of the public interest." |
| The issue of minimum pricing was referred to the European Court of Justice, which ruled last December that European law may have been breached by the policy. | The issue of minimum pricing was referred to the European Court of Justice, which ruled last December that European law may have been breached by the policy. |
| However the European Court ruled that it was ultimately up to national courts to make the decision about whether to implement it. | However the European Court ruled that it was ultimately up to national courts to make the decision about whether to implement it. |
| Under the plans, the cheapest bottle of wine (9.4 units of alcohol) would be £4.69, a four-pack of 500ml cans of 4% lager would cost at least £4 and a 70cl bottle of whisky could not be sold for less than £14. | Under the plans, the cheapest bottle of wine (9.4 units of alcohol) would be £4.69, a four-pack of 500ml cans of 4% lager would cost at least £4 and a 70cl bottle of whisky could not be sold for less than £14. |
| The SWA has argued minimum pricing would discriminate against poorer drinkers, and was beyond the power of the Scottish government. | The SWA has argued minimum pricing would discriminate against poorer drinkers, and was beyond the power of the Scottish government. |
| The government's chief medical officer recommends the maximum weekly intake of alcohol is 14 units for both men and women. | The government's chief medical officer recommends the maximum weekly intake of alcohol is 14 units for both men and women. |