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Scottish court rejects appeal against minimum alcohol pricing Minimum alcohol pricing can go ahead in Scotland, says court
(about 1 hour later)
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 Holyrood government’s plan to introduce a blanket minimum price for alcohol has been backed by the Scottish courts in a ruling hailed 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. The court of session in Edinburgh rejected a challenge by Scotland’s drinks industry, which claimed the plan to set a minimum price at 50p per unit of alcohol a measure that would see a 70cl bottle of whisky priced at a minimum of £14 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, the first minister, 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 delays led by the Scotch Whisky Association (SWA).
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. The SWA said it would study the judgment and consult its members before deciding on its next steps, including any possible appeal to the UK supreme court.
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. After 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.
“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.” The SWA has been backed by two major European producers’ associations and nine EU member states, including France and Spain. It argued the measure was disproportionate, as it penalised every consumer and restricted free competition, whereas using taxation would still allow retailers to set their own prices, and compete against each other.
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.” But health campaigners argue that only minimum unit pricing (MUP) effectively targets the cheap alcohol most often consumed by young people and dependent drinkers, while having only a small impact on those who drink moderately, including low-income moderate drinkers.
“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. In Friday’s ruling, Scotland’s most senior judge, Lord Carloway, wrote that the policy did not contravene European law.
“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.” Rejecting the argument by the SWA that there is no evidence a general reduction in the population’s alcohol consumption would have any significant health benefit, Carloway argued that an increase in hazardous levels of drinking in Scotland could be linked to the availability of cheap alcohol. “The fact that the legislation would affect moderate drinkers in some way does not detract from the legitimacy of the aim as a measure designed for the general protection of public health and life.”
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.” 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.
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.” “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.”
Noting his “regret” at the ruling, David Frost, chief executive of the Scotch Whisky Association, said: “We continue to believe that MUP is a restriction on trade and that there are more effective ways of tackling alcohol misuse.”
But 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.”
Following the judgment, campaigners in England called on the UK government to follow Scotland’s lead. David Cameron floated a minimum price of 40p a unit for England and Wales under pressure from the medical profession and the police, but later rejected minimum pricing.
Emily Robinson, deputy chief executive at Alcohol Concern, said: “The aim of MUP is to protect the young and the vulnerable, heavy drinker so it’s been troubling to see a powerful section of the alcohol industry using their huge resources to oppose this and put profits before people’s health.
“All the evidence shows that MUP will save thousands of lives, the economy millions and cut alcohol-related crime so we look forward to its introduction and hope our government will follow suit.”
The Sheffield Alcohol Research Group, which has been studying the effects of minimum unit pricing since 2008, says it has found the policy to be consistently effective and well-targeted.
The group estimates that introducing a 50p minimum unit price in Scotland would result in 60 fewer deaths, 1,300 fewer hospital admissions and 3,500 fewer crimes due to alcohol within the first year.