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Supreme Court decides on Scottish minimum alcohol pricing Supreme Court backs Scottish minimum alcohol pricing
(about 11 hours later)
The UK's highest court will decide later whether Scotland can finally implement its policy of minimum pricing for alcohol. The UK Supreme Court has ruled that Scotland can set a minimum price for alcohol, rejecting a challenge by the Scotch Whisky Association (SWA).
Legislation was approved by the Scottish Parliament five years ago but it has been tied up in court challenges amid claims it breaches European law. Legislation was approved by the Scottish Parliament five years ago but has been tied up in court challenges.
Ministers said a 50p-per-unit minimum would help tackle Scotland's "unhealthy relationship with drink". In a unanimous judgment, seven Supreme Court judges said the legislation did not breach European Union law.
The Supreme Court appeal was brought by the Scotch Whisky Association (SWA). The judges ruled the measure was a "proportionate means of achieving a legitimate aim".
It said the policy was a "restriction on trade" and there were more effective ways of tackling alcohol misuse. Ministers said a 50p-per-unit minimum would help tackle Scotland's "unhealthy relationship with drink" by raising the price of cheap, high-strength alcohol.
Last year, The Court of Session in Edinburgh ruled against the Scotch whisky industry but allowed it to appeal to the Supreme Court. 'Absolutely delighted'
That appeal was heard in July and judges retired to consider their verdict. The whisky association had claimed the move was a "restriction on trade" and there were more effective ways of tackling alcohol misuse.
If the SWA appeal is dismissed, Scotland could become the first country in the world to establish a minimum price for alcohol - with ministers saying it would become law "as quickly as is practicable", possibly early next year. After the Supreme Court verdict, ministers are expected to make Scotland the first country in the world to establish a minimum price per unit of alcohol, possibly early next year.
Many countries have other restrictions aimed at restricting cheap alcohol sales.
Scotland's First Minister Nicola Sturgeon tweeted: "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 Scotch Whisky Association said it accepted the Supreme Court's ruling.
How does minimum pricing work?How does minimum pricing work?
The Scottish government's aim is to reduce the amount that problem drinkers consume simply by raising the price of the strongest, cheapest alcohol.The Scottish government's aim is to reduce the amount that problem drinkers consume simply by raising the price of the strongest, cheapest alcohol.
The move is not a tax or duty increase. It is a price hike for the cheapest drink, with any extra cash going to the retailer.The move is not a tax or duty increase. It is a price hike for the cheapest drink, with any extra cash going to the retailer.
Last year, Alcohol Focus Scotland claimed the maximum recommended weekly intake of alcohol (14 units) could be bought for just £2.52.Last year, Alcohol Focus Scotland claimed the maximum recommended weekly intake of alcohol (14 units) could be bought for just £2.52.
It said super-strength cider and own-brand vodka and whisky could be purchased for as little as 18p per unit of alcohol.It said super-strength cider and own-brand vodka and whisky could be purchased for as little as 18p per unit of alcohol.
The 50p-per-unit minimum outlined by the legislation would raise the price of the cheapest bottle of red wine (9.4 units of alcohol) to £4.70, a four-pack of 500ml cans of 4% lager would cost at least £4 and a 70cl bottle of whisky could not be sold for less than £14.The 50p-per-unit minimum outlined by the legislation would raise the price of the cheapest bottle of red wine (9.4 units of alcohol) to £4.70, a four-pack of 500ml cans of 4% lager would cost at least £4 and a 70cl bottle of whisky could not be sold for less than £14.
Off-sales and supermarketsOff-sales and supermarkets
Minimum pricing will not raise the prices of all alcoholic drinks because many are already above the threshold.Minimum pricing will not raise the prices of all alcoholic drinks because many are already above the threshold.
Pubs and bars are unlikely to be affected as they usually charge much more than 50p per unit.Pubs and bars are unlikely to be affected as they usually charge much more than 50p per unit.
The aim is to hit consumption of strong alcohol which is sold at low prices.The aim is to hit consumption of strong alcohol which is sold at low prices.
The new laws would be "experimental" and expire after six years unless renewed.The new laws would be "experimental" and expire after six years unless renewed.
Supporters of minimum pricing believe the move is necessary to tackle the country's binge drinking culture, with Scots buying 20% more alcohol on average than people in England or Wales.Supporters of minimum pricing believe the move is necessary to tackle the country's binge drinking culture, with Scots buying 20% more alcohol on average than people in England or Wales.
Scotland's Health Secretary Shona Robison said: "Alcohol is 60% more affordable in the UK than it was in 1980 and alcohol misuse costs Scotland £3.6bn each year - £900 for every adult. What the Supreme Court said
"There is strong evidence that tackling price helps reduce consumption and related harm." The judges at the Supreme Court rejected the Scotch Whisky Association's claim that an excise duty or tax would be an equally effective way of achieving the government's objectives.
During a two-day hearing at the Supreme Court in July, the QC for the Scotch Whisky Association said the case could set a far-reaching precedent and have an impact on international trade. Their judgment said minimum pricing targeted "the health hazards of cheap alcohol and the groups most affected in a way that an increase in excise or VAT does not".
He said the nub of the SWA argument was "why not tax?". The judges said a tax would increase prices "across the board" and not just the cheap, strong alcohol which is the focus of the legislation.
The lawyer said that to discriminate against products because they are cheap went against "the absolute fundamentals of the free market". They also agreed that minimum pricing was "easier to understand and simpler to enforce".
Minimum pricing would not allow retailers to "absorb" the cost in the way a duty rise would, they said.
What has the reaction been to the verdict?
Scotland's health minister Shona Robison said: "This is a historic and far-reaching judgment and a landmark moment in our ambition to turn around Scotland's troubled relationship with alcohol.
"In a ruling of global significance, the UK Supreme Court has unanimously backed our pioneering and life-saving alcohol pricing policy."
Scotch Whisky Association chief executive Karen Betts said: "We will now look to the Scottish and UK governments to support the industry against the negative effects of trade barriers being raised in overseas markets that discriminate against Scotch Whisky as a consequence of minimum pricing, and to argue for fair competition on our behalf."
Scottish Conservative health spokesman Miles Briggs said the Scottish government would have his party's support on implementing the legislation.
He said: "We look forward to seeing whether or not minimum pricing can make any impact on Scotland's complex and damaging relationship with alcohol."
Alison Douglas, chief executive of Alcohol Focus Scotland, said the decision was a "massive victory for Scotland's health".
She said: "Minimum unit pricing is effective because it targets the kind of drinking most likely to lead to the greatest harm.
"The price of a pint in the pub won't change but the price of strong white ciders and own brand spirits that are mainly bought by dependent drinkers will rise markedly."
Dr Peter Bennie, chairman of the British Medical Association Scotland, said: "As doctors we see every day the severe harms caused by alcohol misuse and the damage it causes to individuals and their families.
"There are no easy solutions, but minimum unit pricing can make a significant contribution to reducing these harms and saving lives."
Cancer Research UK's cancer prevention expert Linda Bauld said: "Alcohol is linked to seven types of cancer including breast and bowel cancer, and the more you drink the greater your risk of cancer.
"It's a shame expensive legal action has delayed this welcome measure."
Timeline: Minimum pricing for alcoholTimeline: Minimum pricing for alcohol
The latest phase of the five-year legal battle will be decided in London, having already passed through courts in Edinburgh and Luxembourg. After an initial challenge at the Court of Session failed in 2013, the SWA appealed to the European Court of Justice (ECJ). The Supreme Court ruling was the final stage of a five-year legal battle, with the cases already passing through courts in Edinburgh and Luxembourg. After an initial challenge at the Court of Session failed in 2013, the SWA appealed to the European Court of Justice (ECJ).
The European court said the legislation might break EU law if other tax options would prove as effective, but said it was "ultimately for the national court to determine" whether they did.The European court said the legislation might break EU law if other tax options would prove as effective, but said it was "ultimately for the national court to determine" whether they did.
The Scottish court subsequently backed the measures for a second time, ruling that tax measures "would be less effective than minimum pricing".The Scottish court subsequently backed the measures for a second time, ruling that tax measures "would be less effective than minimum pricing".
However, in December 2016 the Court of Session judges then allowed the SWA to go to the Supreme Court to challenge their ruling.However, in December 2016 the Court of Session judges then allowed the SWA to go to the Supreme Court to challenge their ruling.
May 2012: MSPs pass Scots booze price planMay 2012: MSPs pass Scots booze price plan
May 2013: Minimum drink price challenge failsMay 2013: Minimum drink price challenge fails
December 2015: Minimum drink price 'may breach EU law'December 2015: Minimum drink price 'may breach EU law'
October 2016: Courts back minimum alcohol priceOctober 2016: Courts back minimum alcohol price
December 2016: Whisky firms allowed minimum price appealDecember 2016: Whisky firms allowed minimum price appeal
July 2017: Supreme Court judges retire to consider minimum pricing appealJuly 2017: Supreme Court judges retire to consider minimum pricing appeal
What's the situation elsewhere in the UK?What's the situation elsewhere in the UK?
The UK government supported the devolved Scottish administration during the legal process, arguing that minimum pricing was compatible with EU law.The UK government supported the devolved Scottish administration during the legal process, arguing that minimum pricing was compatible with EU law.
In 2012, then Prime Minister David Cameron pledged to introduce minimum pricing - but the plan was shelved a year later in the face of fierce opposition from the drinks industry.In 2012, then Prime Minister David Cameron pledged to introduce minimum pricing - but the plan was shelved a year later in the face of fierce opposition from the drinks industry.
The Home Office has said the policy remains under review, with calls for its reintroduction in England likely to be reignited if it is eventually implemented in Scotland. The Home Office has said the policy remains under review and calls for its reintroduction in England are likely to be reignited when it is implemented in Scotland.
Legislation to establish a minimum price is currently under active consideration by the National Assembly for Wales and by the Irish Seanad (the upper house of the Irish parliament).Legislation to establish a minimum price is currently under active consideration by the National Assembly for Wales and by the Irish Seanad (the upper house of the Irish parliament).
In Northern Ireland, former Health Minister Jim Wells had been seeking to introduce minimum pricing before resigning in April 2015.In Northern Ireland, former Health Minister Jim Wells had been seeking to introduce minimum pricing before resigning in April 2015.