The Press and Journal (Inverness, Highlands, and Islands)

Court of Session ruling clear win for first minister

Audrey Ferrie,

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There is no little irony in the fact this ruling in favour of the Scottish Government is partly down to the curious situation that it is the UK which is the EU member state and not Scotland.

What is clear is that this is a comprehens­ive win for the first minister’s drive to challenge Scotland’s damning alcohol-related health statistics.

The Scotch Whisky Associatio­n (SWA) and allied parties must doubt the merits of seeking leave to appeal to the Supreme Court.

The SWA argued there was an alternativ­e measure to minimum pricing – taxation – but the Scottish Government countered that a tax would not be as effective and had to demonstrat­e minimum pricing was necessary and proportion­ate.

The Court of Session ruling highlighte­d the anomaly that it is only the UK Government – the EU member state – as opposed to the Scottish Government, which has the reserved power to impose legal if the same end could not be achieved in a way less restrictiv­e to trade.

Their ruling pointed to tax rises as an alt e r n a t i v e means of inc r e a s i n g the cost of dr ink , wh i ch taxation. The ruling also pointed out there that it is something of a guessing game as to what impact minimum pricing will have on alcohol sales.

The judges said that “the only way in which minimum pricing can be tested is by trialling it”.

A so-called “sunset clause” built into the legislatio­n means minimum pricing will have to be reviewed after six years and within a period of five years the government has to produce a report on the impact it is having.

In rehearsing the history of the legislatio­n and background to the case the court does say it took a step back to look at the whole purpose of the legislatio­n and to consider Scotland’s relationsh­ip with alcohol.

The judges conceded that in some comedic settings this reputation can be quite amusing – but the fact is there are issues with excessive alcohol consumptio­n in Scotland and this partly justifies the stance of the government. would allow traders to retain the freedom to determine their selling prices. But the question was transferre­d back to the domestic court for a final decision on whether other measures would be as effective in achieving the desired public health benefit. Yesterday, the Court of Session dismissed the appeal

Post-Brexit and over the course of the next few years EU law may no longer be relevant and the appellants may feel somewhat aggrieved that the government’s case rested partly on the “tax issue”, but that would be to discount one sub heading in an overall robust judgment which found against them.

The Scottish Government met the test that minimum pricing has a legitimate aim, which is the proportion­ate protection of life and health, and I find it difficult to see where there would be grounds for appeal. against the plans for a second time, on the basis the grounds submitted were “not well founded”.

The judges said the court’s previous ruling “correctly concluded that whatever arguments may be deployed against it, there was evidence which demonstrat­ed that the alternativ­e of increased tax, with or without a prohibitio­n on below-cost sales, would be less effective than minimum pricing”.

Scottish Public Health Minister Aileen Campbell said she was proud Scotland had led the way and insisted the judgment should mark the end of the legal process.

She added: “The SWA represents some of Scotland’s finest whiskybran­ds, and while they were entitled to raise this action,

“They met the test minimum pricing has a legitimate aim”

 ??  ?? Nicola Sturgeon
Nicola Sturgeon
 ??  ?? David Frost of the Scottish Whisky Associatio­n
David Frost of the Scottish Whisky Associatio­n
 ??  ??

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