This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.bbc.co.uk/news/uk-scotland-scotland-politics-22394438
The article has changed 7 times. There is an RSS feed of changes available.
Version 2 | Version 3 |
---|---|
Minimum pricing: Challenge to Scottish alcohol legislation fails | Minimum pricing: Challenge to Scottish alcohol legislation fails |
(35 minutes later) | |
A legal challenge to the Scottish government's plans to introduce minimum pricing per unit of alcohol has failed. | A legal challenge to the Scottish government's plans to introduce minimum pricing per unit of alcohol has failed. |
The Scotch Whisky Association (SWA) took action against the proposal, which it said would breach European law, after it was passed by MSPs. | The Scotch Whisky Association (SWA) took action against the proposal, which it said would breach European law, after it was passed by MSPs. |
A Court of Session ruling dismissed the action and said plans to introduce 50p per unit minimum pricing were legal. | A Court of Session ruling dismissed the action and said plans to introduce 50p per unit minimum pricing were legal. |
The SWA said it was surprised and disappointed by the ruling and would appeal the decision. | |
Lord Doherty said the minimum alcohol pricing policy was within the powers of Scottish ministers and not incompatible with EU law. | |
A summary of his decision said: "The court ruled that the Acts of Union were not an impediment to the minimum pricing measures. | A summary of his decision said: "The court ruled that the Acts of Union were not an impediment to the minimum pricing measures. |
"The court also decided that the measures were not incompatible with EU law." | "The court also decided that the measures were not incompatible with EU law." |
Under the Scottish government's plans, the cheapest bottle of wine would be £4.69 and a four-pack of lager would cost at least £3.52. | Under the Scottish government's plans, the cheapest bottle of wine would be £4.69 and a four-pack of lager would cost at least £3.52. |
The SWA had warned the measure would set a precedent where health concerns were allowed to interfere with the free trade of goods and services. | The SWA had warned the measure would set a precedent where health concerns were allowed to interfere with the free trade of goods and services. |
In his ruling, Lord Docherty also said there was no need to refer any issues around alcohol pricing and EU law to another court. | In his ruling, Lord Docherty also said there was no need to refer any issues around alcohol pricing and EU law to another court. |
He said: "The court was satisfied that it was unnecessary and inappropriate to refer any question of EU law to the Court of Justice for a preliminary ruling." | He said: "The court was satisfied that it was unnecessary and inappropriate to refer any question of EU law to the Court of Justice for a preliminary ruling." |
Scottish Health Secretary Alex Neil said: "We welcome today's favourable opinion from the Court of Session on minimum unit pricing of alcohol. | Scottish Health Secretary Alex Neil said: "We welcome today's favourable opinion from the Court of Session on minimum unit pricing of alcohol. |
"We have always believed minimum unit pricing is the right thing to do to tackle Scotland's problematic relationship with alcohol." | "We have always believed minimum unit pricing is the right thing to do to tackle Scotland's problematic relationship with alcohol." |
'Public interest' | |
Trade body Spirits Europe, which was part of the petition against minimum pricing along with the SWA, has also said it will appeal the judgement. | |
Director Paul Skehan said he was "disappointed" by Lord Doherty's ruling. | |
He added: "We are confident that, on appeal, the measure will be proven to be illegal and counter to the rules underpinning the single European market. | He added: "We are confident that, on appeal, the measure will be proven to be illegal and counter to the rules underpinning the single European market. |
"We are surprised that the court decided it was unnecessary to refer any question of EU law to the Court of Justice for a preliminary ruling, considering the existing legal background." | "We are surprised that the court decided it was unnecessary to refer any question of EU law to the Court of Justice for a preliminary ruling, considering the existing legal background." |
Alcohol Focus Scotland called on the Scottish Whisky Association not to pursue any further legal action. | Alcohol Focus Scotland called on the Scottish Whisky Association not to pursue any further legal action. |
Chief executive Dr Evelyn Gillan said: "The alcohol industry has consistently opposed minimum unit pricing as they oppose any measures that are likely to be effective. | Chief executive Dr Evelyn Gillan said: "The alcohol industry has consistently opposed minimum unit pricing as they oppose any measures that are likely to be effective. |
"Thankfully, today the public interest has prevailed over the profits of the big alcohol corporations." | "Thankfully, today the public interest has prevailed over the profits of the big alcohol corporations." |
MSPs passed The Alcohol (Minimum Pricing) (Scotland) Act 2012 in May 2012, setting the 50p minimum unit price as part of an effort to tackle alcohol misuse. | MSPs passed The Alcohol (Minimum Pricing) (Scotland) Act 2012 in May 2012, setting the 50p minimum unit price as part of an effort to tackle alcohol misuse. |
The European Commission has previously voiced opposition to Scotland's plans for minimum pricing, describing them as a disproportionate response to the country's drink problems. | The European Commission has previously voiced opposition to Scotland's plans for minimum pricing, describing them as a disproportionate response to the country's drink problems. |
The commission said it believed the measures could restrict imports of foreign alcohol. | The commission said it believed the measures could restrict imports of foreign alcohol. |