SCOTLAND will become the first country in the world to have minimum unit pricing for alcohol after the UK Supreme Court ruled that the legislation passed overwhelmingly by the Scottish Parliament in 2012 does not breach European law.
The Scotch Whisky Association yesterday conceded defeat in its long fight against the law after seven Supreme Court justices ruled unanimously in the Scottish Government’s favour saying the Act was a “proportionate means of achieving a legitimate aim”.
They threw out the association’s case that higher taxes should be used to tackle the problem instead. Lord Mance gave the judgment on behalf of his six colleagues and ruled that the aim of the 2012 Act is to “strike at alcohol misuse and overconsumption manifesting themselves in particular in the health and social problems suffered by those in poverty in deprived communities”.
Though several countries as well as states in the US and provinces in Canada set minimum prices for certain drinks, the concept of setting a minimum price per unit of alcohol is unique to Scotland.
But then so is the scale of the problem, at least within the UK. Annual alcohol deaths statistics published in August showed there were 1265 alcohol-related deaths in 2016, up from 1150 in 2015, an increase of 10 per cent. Alcohol-related death rates are almost 1.5 times higher than in the early 1980s and, on average, alcohol misuse causes about 670 hospital admissions and 24 deaths a week.
Alcohol misuse costs Scotland £3.6 billion each year – £900 for every adult, while Scotland’s problem is significantly worse than the rest of the UK. In 2016, 17 per cent more alcohol was sold per adult in Scotland than in England and Wales.
Health Secretary Shona Robison welcomed the decision and confirmed she intends to make a statement to Parliament shortly, setting out the Scottish Government’s next steps. The Government anticipates setting the minimum unit price at 50p per unit, subject to the outcome of consultation.
Robison said: “This is a historic and far-reaching judgment and a landmark moment in our ambition to turn around Scotland’s troubled relationship with alcohol. In a ruling of global significance, the UK Supreme Court has unanimously backed our pioneering and life-saving alcohol pricing policy.
“This has been a long journey and in the five years since the Act was passed, alcohol-related deaths in Scotland have increased. With alcohol available for sale at just 18 pence a unit, that death toll remains unacceptably high. Given the clear and proven link between consumption and harm, minimum pricing is the most effective and efficient way to tackle the cheap, high-strength alcohol that causes so much damage to so many families.
“So we will proceed with plans to introduce minimum unit pricing as quickly as possible.”
She added: “The Scotch Whisky Association were within their rights to make this case.
“The Scottish Government has always supported whisky as a key part of our economy and an icon of Scottish food and drink, and we will continue to work closely with the sector to ensure its economic success.”
Calling for an “objective assessment of the impact” of minimum unit pricing, Karen Betts, Scotch Whisky Association chief executive, said: “We accept the Supreme Court’s ruling on minimum unit pricing of alcohol in Scotland. Looking ahead, the Scotch whisky industry will continue to work in partnership with the Government and the voluntary sector to promote responsible drinking and to tackle alcohol-related harm.
“We will now look to the Scottish and UK governments to support the industry against the negative effects of trade barriers being raised in overseas markets that discriminate against Scotch whisky as a consequence of minimum pricing, and to argue for fair competition on our behalf.
“This is vital in order that the jobs and investment the industry provides in Scotland are not damaged.”
Reaction
First Minister Nicola Sturgeon tweeted: “Absolutely delighted that minimum pricing has been upheld by the Supreme Court.
“This has been a long road – and no doubt the policy will continue to have its critics – but it is a bold and necessary move to improve public health.”
Alison Douglas, chief executive of Alcohol Focus Scotland: “Minimum unit pricing is effective because it targets the kind of drinking most likely to lead to the greatest harm. The price of a pint in the pub won’t change but the price of strong white ciders and own-brand spirits that are mainly bought by dependent drinkers will rise markedly.”
Dr Peter Bennie, chairman of the British Medical Association Scotland: “As doctors we see every day the severe harms caused by alcohol misuse and the damage it causes to individuals and their families. There are no easy solutions, but minimum unit pricing can make a significant contribution to reducing these harms and saving lives.”
Lothian Greens MSP Alison Johnstone: “The big-drinks firms who have stalled this sensible piece of public health legislation should be ashamed of themselves. They’ve attempted to use the same tactics of the tobacco industry, but thankfully they’ve failed.”
Welsh Health Secretary Vaughan Gething says he will now consider any detailed implications before pressing ahead with his Public Health (Minimum Price for Alcohol) Bill.
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