The Scottish Government's Bill to set a minimum price per unit of alcohol passed into legislation with cross-party backing but the policy is currently in legal limbo.
Earlier this month, the Scotch Whisky Association and Wine and Spirit Trade Association lost an action in the Court of Session when judges dismissed the industry bodies' claims that Holyrood had acted beyond its powers and the measure breached European law. Its opponents continue to try to prevent it taking effect. They intend to appeal and are prepared to take their case to the UK's Supreme Court and, the European Court of Justice.
Last year, the European Commission warned that the proposed minimum price of 50p per unit of alcohol would act as a barrier to free trade. Lord Doherty noted there was no suggestion from either party the measure was a disguised restriction on trade.
The argument now comes down to the slippery concept of proportionality. The public health benefit must outweigh the disadvantages to free trade of imposing a minimum price. Lord Doherty ruled that minimum unit pricing is necessary based on objective evidence and achieves its stated aims (of causing "hazardous and harmful drinkers" to consume less) and alternative measures (taxation) would be likely to be less effective.
Scottish Health Secretary Alex Neil has attempted to shorten the legal process by asking the European Commission to take heed of this judgment. It should be on the agenda of the next meeting the Commission, the Scottish Government and the UK; it is important this matter is resolved. Normally, preventing free trade works against the interests of the consumer but in the case of alcohol, the evidence points to minimum pricing being for the greater good. This is disputed by the drinks industry but the policy is backed by the medical profession and the police. A recent study by researchers at the London School of Hygiene and Tropical Medicine of the evidence submitted to the Scottish Government's consultation found some parts of the drinks industry and supermarkets had made unsubstantiated claims and relied on weak evidence, such as opinion polls. The introduction of a sunset clause, requiring the Scottish legislation to be re-evaluated after five years, effectively provides the largest-ever test of minimum pricing. If the drinks industry believes the positive studies to be wrong, they can be confident the policy will be reversed.
There is no dispute that alcohol abuse causes enormous harm in Scotland in terms of illness, premature death, violent behaviour and lasting damage to family relationships. The question is how to change this relationship with alcohol from a destructive one to a positive one. The Herald has consistently supported minimum pricing, while recognising that education is also required.
Whether Scotland will achieve the estimated £64 million of total harm reduction in the first year of operation remains to be seen but even if this is over-optimistic, lives will be saved and illness and crime reduced. The European Commission could ensure that happens by accepting the case for the Scottish legislation.
Why are you making commenting on HeraldScotland only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereComments are closed on this article