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| Scottish court rejects appeal against minimum alcohol pricing | Scottish court rejects appeal against minimum alcohol pricing |
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| The Scottish government’s plan to introduce a blanket minimum price for alcohol has been backed by the Scottish courts in a ruling immediately welcomed by health campaigners as marking “a great day for Scotland’s health”. | The Scottish government’s plan to introduce a blanket minimum price for alcohol has been backed by the Scottish courts in a ruling immediately welcomed by health campaigners as marking “a great day for Scotland’s health”. |
| The court of session in Edinburgh rejected a challenge by Scotland’s drinks industry, which claimed the plan was in breach of European law. | |
| Nicola Sturgeon was urged to implement her flagship policy – which was originally passed by the Holyrood parliament in 2012 with cross-party support – as quickly as possible following four years of legal delaying tactics by the Scotch Whisky Association. | Nicola Sturgeon was urged to implement her flagship policy – which was originally passed by the Holyrood parliament in 2012 with cross-party support – as quickly as possible following four years of legal delaying tactics by the Scotch Whisky Association. |
| Following an earlier ruling by the court of session, the issue was referred to the European court of justice (ECJ), which ruled last December that the policy could be justified on health grounds under EU law only if it was more proportionate and effective than using general taxation. However, the ECJ referred the final decision back to the Scottish courts. | Following an earlier ruling by the court of session, the issue was referred to the European court of justice (ECJ), which ruled last December that the policy could be justified on health grounds under EU law only if it was more proportionate and effective than using general taxation. However, the ECJ referred the final decision back to the Scottish courts. |
| In Friday’s ruling, Scotland’s most senior judge, Lord Carloway, wrote that the policy did not contravene European law. Quoting from the judgment issued by the judge who earlier considered the matter, Lord Doherty, Carloway wrote that drinking was important to Scots. | In Friday’s ruling, Scotland’s most senior judge, Lord Carloway, wrote that the policy did not contravene European law. Quoting from the judgment issued by the judge who earlier considered the matter, Lord Doherty, Carloway wrote that drinking was important to Scots. |
| “For many, the consumption of alcohol is a great social lubricant. It’s use in a responsible manner is an important and positive feature in Scottish culture. The general intent, as the Lord Ordinary noted (Opinion para 54) is to ‘get people to build a healthy and sensible relationship with alcohol’; not to stop them drinking altogether or even to drink moderately at all times.” | “For many, the consumption of alcohol is a great social lubricant. It’s use in a responsible manner is an important and positive feature in Scottish culture. The general intent, as the Lord Ordinary noted (Opinion para 54) is to ‘get people to build a healthy and sensible relationship with alcohol’; not to stop them drinking altogether or even to drink moderately at all times.” |
| Describing the ruling as “landmark”, the Scottish government’s public health minister, Aileen Campbell, said: “I am delighted that the highest court in Scotland has reinforced the initial judgment in our favour from 2013. This follows the opinion of the ECJ, which ruled that it was for our domestic courts to make a final judgment on the scheme.” | Describing the ruling as “landmark”, the Scottish government’s public health minister, Aileen Campbell, said: “I am delighted that the highest court in Scotland has reinforced the initial judgment in our favour from 2013. This follows the opinion of the ECJ, which ruled that it was for our domestic courts to make a final judgment on the scheme.” |
| “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. | “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. |
| “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.” |
| Reacting to the judgment, the chief executive of Alcohol Focus Scotland, Alison Douglas, said: “Minimum pricing is widely supported by doctors, social workers, children’s charities and many more who want to get rid of the cheap vodkas and super-strength ciders that cause so much damage.” | Reacting to the judgment, the chief executive of Alcohol Focus Scotland, Alison Douglas, said: “Minimum pricing is widely supported by doctors, social workers, children’s charities and many more who want to get rid of the cheap vodkas and super-strength ciders that cause so much damage.” |
| Douglas added: “Scotland has been waiting more than four years to implement this policy which will prevent thousands of hospital admissions and crimes, and save hundreds of lives. We hope that minimum pricing will now be put in place as quickly as possible so we can start seeing the benefits.” | Douglas added: “Scotland has been waiting more than four years to implement this policy which will prevent thousands of hospital admissions and crimes, and save hundreds of lives. We hope that minimum pricing will now be put in place as quickly as possible so we can start seeing the benefits.” |