Supreme Court ruling paves way for end to cheap alcohol
THE Supreme Court has paved the way for Wales to make cheap cider and beer significantly more expensive after rejecting a legal challenge from the drinks industry.
Seven justices gave their backing to the introduction of a minimum unit price in Scotland in a decision described as “historic and far-reaching”.
They dismissed a legal challenge from the Scotch Whisky Association (SWA) which claimed the legislation breached European Union law.
The decision clears the way for the Scottish Government to bring in the policy more than five years after MSPs passed legislation for it.
Last month the Welsh Government introduced its own Public Health (Minimum Price for Alcohol) (Wales) Bill to the National Assembly for Wales.
Following the Supreme Court ruling, Wales’ bill is unlikely to face similarly lengthy legal challenges.
If introduced, cider and beer drinkers who buy from supermarkets and off-licences will be hardest hit.
A 50p-per-unit minimum price would force Tesco to double the cost of a 20-pack of Strongbow, currently £11, to £22. An 18-pack of Stella Artois would rise from £13 to £19.
Andrew Misell, director of Alcohol Concern Cymru, said: “This judgment couldn’t really have been much clearer. After being bogged down in the courts for years by the alcohol industry and its lawyers, minimum pricing is set to go ahead in Scotland and Wales.
“Seven of the UK’s most senior judges have unanimously agreed that setting a baseline price for alcohol is within the law and is a ‘proportionate means of achieving a legitimate aim’.
“Unless the UK government now wishes to prolong the legal wrangling by challenging the National Assembly’s powers in this area of public health, the way is now clear for Wales to join Scotland in removing cheap strong alcoholic drinks from the market.”
Andy Glyde, Cancer Research UK’s public affairs manager in Wales, said: “The decision by the courts today is great news and we hope it will clear the way for the Welsh Government to press ahead with its plans to introduce a minimum unit price for alcohol in Wales.
“A wealth of evidence shows that this measure will save lives in Wales. It will also save the NHS money.
“Alcohol is linked to seven types of cancer including breast and bowel cancer, and the more you drink the greater your risk of cancer.”
In 2015-16 alone there were 54,000 hospital admissions in Wales attributable to alcohol, costing the NHS an estimated £120m a year.
And according to a report published earlier this week, 504 people died from alcohol abuse in Wales in 2016 – an increase of 8.9% on the previous 12 months.
Commenting on the Supreme Court ruling, Health Minister Vaughan Gething said: “Alcoholrelated harm is a significant public health problem in Wales. Tackling excessive alcohol consumption is a priority for this Welsh Government.
“As part of our overall approach to tackling alcohol-related harm, we have long recognised that action to combat the availability of cheap and high-strength alcohol has been missing in our strategy, which is why we introduced the Public Health (Minimum Price for Alcohol) (Wales) Bill – a piece of legislation which is specifically concerned with the protection of life and health.
“The Welsh Government will now consider any detailed implications of the judgment for the Public Health (Minimum Price for Alcohol) (Wales) Bill, which was introduced to the National Assembly for Wales on October 23. In the meantime, we welcome this clear, unanimous judgment that minimum pricing is an appropriate and proportionate means of tackling hazardous and harmful drinking.”
During a hearing in July the Supreme Court judges heard argument from the organisation that minimum unit pricing is “disproportionate” and illegal under European law.
The SWA said there were better ways to achieve the Scottish Government’s proposed 50p-per-unit minimum pricing plan.
But the Supreme Court unanimously ruled there was no breach of European Union law and that minimum pricing “is a proportionate means of achieving a legitimate aim”.
Responding to the ruling, Scotland’s First Minister, Nicola Sturgeon, said: “Absolutely delighted that minimum pricing has been upheld by the Supreme Court.
“This has been a long road – and no doubt the policy will continue to have its critics – but it is a bold and necessary move to improve public health.”
The 2014 University of Sheffield research estimated that a minimum unit price of 50p, for example, would be worth £882m to the Welsh economy over 20 years in terms of reductions in alcohol-related illness, crime and workplace absence.
But not all Welsh politicians are convinced that introducing a minimum unit price for alcohol will help.
Ukip’s Caroline Jones said: “This is the wrong approach and I cannot support this legislation. Making alcohol more expensive will not stop people drinking to excess and is unfair to responsible drinkers.”