THE Scottish Government could face another showdown with the Supreme Court, this time over controversial plans to ban the display of cigarettes in shops.
Tobacco giant Imperial Tobacco is appealing against the legislation, which it says Scottish ministers have no right to make because it involves powers reserved to Westminster.
The group, one of the world’s largest multi-nationals, has indicated it could take the plans to Supreme Court judges if the Scottish Government does not back down.
The move would put the court and the Government on another collision course. Scottish ministers have already denounced the court’s judges for a series of decisions they claim have run roughshod over Scots law.
The dispute escalated when the court overturned the murder conviction of Nat Fraser on human-rights grounds earlier this year.
The introduction of the tobacco restrictions has already been delayed because of legal challenges by manufacturers.
Tobacco firms believe Holyrood has no legal right to make such a law and point to the Scotland Act, which states that the regulation of the sale and supply of goods and services is reserved to Westminster.
However, when the ban on smoking in public places was enacted, this was done on the basis of it being a public health measure and health is devolved to Holyrood.
The Court of Session is currently deciding on an appeal from Imperial Tobacco against its original decision in favour of the Government.
Imperial Tobacco’s challenge will say the display ban goes beyond health issues into areas of consumer law and rules governing advertising which were reserved to Westminster when devolution legislation was passed.
The judgment is due later this year.
Imperial Tobacco have confirmed that if the court finds in favour of Scottish ministers again, they will look at taking the case to the Supreme Court.
“That is a technical option open to us,” said a company spokesman. “We expect the Court of Session to decide later this year, and then we will look at our options.”
Scottish ministers said recently they expect the legislation to be effective from April next year for large shops and in April 2015 for small retailers.
A spokesman for the Scottish Government said it was determined to implement the ban on tobacco displays, adding: “It is premature to speculate on what may happen next.”
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