Minimum Pricing Warning

Devolving tax powers might be an alternative to minimum alcohol pricing, an SNP MEP has suggested.

A leading judge at the European Court of Justice has issued his formal opinion giving the view that minimum alcohol pricing is illegal under EU law and could distort international trade. 

The final judgement in the case brought by the Scotch Whisky Association is still some months away, but in most cases rulings agree with the opinion of the Advocate General. 

Scottish National Party MEP, Ian Hudghton, is disappointed by the latest twist and says devolving alcohol taxes might give Scotland an alternative, but that process could take years.

Responding to the publication of the Advocate General’s opinion on minimum unit pricing, Chair of BMA Scotland Dr Peter Bennie said: “We have been clear all along that minimum unit pricing is a public health policy that can reduce the harm caused by alcohol in a way that other measures like taxation simply cannot. As such we remain confident that the legal case behind minimum unit pricing is a strong one.

“Figures that have been published in recent days show that both the volume of alcohol sales and the number of alcohol related deaths increased in 2014.

“We know from all the evidence that minimum unit pricing will help to save lives, lowering consumption and reducing the damage caused to the most harmful drinkers. 

“Every year of delay to the implementation of this policy comes with a human cost of lives lost. 

“There is still some way to go in the legal process holding up implementation and even at this stage we would encourage the Scotch Whisky Association to act in the public interest by ending their efforts to delay minimum unit pricing in the courts.”

Meanwhile, First Minister Nicola Sturgeon said: “We welcome this opinion, in which the Advocate General confirms that minimum unit pricing is not precluded by EU law, but sets out tests that the national court has to apply.

“Importantly, this initial opinion indicates it will be for the domestic courts to take a final decision on minimum unit pricing. The Advocate General finds that the policy can be implemented if it is shown to be the most effective public health measure available.

“As such, the legal process is ongoing and we await a final response from the European Court of Justice, before the case returns to the Scottish courts.

“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 to reduce the harm that cheap, high-strength alcohol causes our communities. In recent weeks statistics have shown that alcohol related deaths are rising again and that consumption may be rising again after a period of decline. We believe minimum unit pricing would save hundreds of lives in coming years and we will continue to vigorously make the case for this policy.”