Minimum pricing for booze back in Scotland’s court

Judges at the European Court of Justice in Luxembourg said a tax rise on alcoholic drinks was “liable to be less restrictive of trade” than the Scottish Government’s proposed minimum unit pricef 50p.

The ECJ said it would be up to the Court of Session in Edinburgh to make a final decision after determining if any alternative measure would be as effective in achieving the stated public health benefit, while being less restrictive of trade.

However, the judgment raises potential constitutional questions as the power to raise taxes on alcohol does not lie with Holyrood, but is down to MPs atWestminster.

First Minister Nicola Sturgeon welcomed the ruling and insisted minimum pricing remained the “most effective way of tackling alcohol misuse”. Health Secretary Shona Robison added: “While we must await the final outcome of this legal process, the Scottish Government remains certain that minimum unit pricing is the right measure for Scotland.

“We believe it is the most effective mechanism for tackling alcohol misuse and reducing the harm that cheap, high-strength alcohol causes our communities.

“We maintain that minimum unit pricing would target heavy drinkers as they tend to drink the cheap, high-strength alcohol that will be most affected by the policy.”

The Scotch Whisky Association mounted a legal challenge alongside other European wine and spirits producers after the Scottish Parliament introduced MUP legislation in 2012.

SWA chief executive David Frost welcomed the ECJ’s ruling, saying: “The SWA always said European Union law issues were central to this case, and so it has proved. This settles EU law issues once and for all… The Scottish courts will now reflect on the implications of the ruling before issuing a final judgment.”

He added: “This ruling opens the way to moving the debate on and allowing us to address alcohol misuse with practical measures that actually work.

“Alcohol-related deaths have fallen by a third over the last decade in Scotland, which suggests we are already on the right path. We remain committed to working closely with the Scottish Government and everyone else with an interest.”

However, health charities accused the SWA of “blocking the democratic will” of the Scottish Parliament.

Alison Douglas, chief executive of Alcohol Focus Scotland, said: “Alcohol taxes are limited in their ability to raise the price of the cheapest alcohol to a level that will actually reduce harm, whereas minimum pricing is a targeted measure which will make the cheapest, strongest products less affordable to heavy drinkers who are most at risk of harming themselves and others.

‘’In taking legal action against the Scottish Government, the Scotch Whisky Association has blocked the democratic will of the Scottish Parliament and sacrificed public health to protect their members’ profits.”

Dr Peter Bennie, who chairs the British Medical Association Scotland, said: “Every year of delay carries with it a human cost in lives lost and health damaged.

“The need to implement minimum pricing remains as pressing as ever and those who have sought to delay it in the courts have failed to act in the public interest.”

Scottish Health Action on Alcohol Problems director Eric Carlin also welcomed the ruling.

He said: “We hope that the Scottish courts will now move quickly to gather evidence to conclude this case and that the Scottish Government will then implement this key policy without delay.”

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