Legal blow to SNP’s plan for minimum pricing on alcohol

Europe’s top court adviser decides bid is not lawful

By Tim Pauling

Published:

Scottish Government plans to introduce minimum prices for alcohol suffered a major blow after Europe’s top legal adviser, the advocate general, decided it was not legal.

The European Court’s advocate general said minimum prices were “not necessary to protect public health”.

In his opinion public health can be pursued through taxation which “preserves the principle of free determination of prices”.

The advocate general’s view is not a ruling by the court but his advice to judges is generally accepted.

It follows complaints by the commission against Austria, Ireland and France for violation of EU rules in trying to impose national minimum pricing for tobacco.

The advocate general concluded that France and Austria could not impose minimum prices on health grounds. Ireland put forward different justification but again minimum pricing was rejected on the grounds that it distorts competition.

The Scotch Whisky Association said it cast fresh doubts over the legality of the Scottish plans for a minimum price per unit of alcohol.

Association chief executive Gavin Hewitt said: “This opinion is a comprehensive rejection of minimum pricing and cannot just be ignored.

“The Scottish Government must recognise the legal situation and drop this proposal which would be hugely damaging to Scottish jobs.”

Scottish Tory leader Murdo Fraser called for a “radical rethink” on government plans for alcohol misuse.

“This ruling is a complete hammer blow for the SNP and their obsession with blanket minimum pricing,” he said.

“It follows on from criticism by the Office of Fair Trading last month that a minimum pricing plan for alcohol would damage competition, removing the incentive for retail sectors to innovate and cut costs.”

Liberal Democrat justice spokesman Robert Brown accused ministers of brushing aside earlier concerns about the legality of their plans.

“If they are still determined to press ahead with minimum pricing then they must make sure that it is at least legal,” he said. “Otherwise, the whole vital issue of tackling alcohol-related harm in Scotland will be sidetracked by needless legal wrangling.”

Labour, which supports minimum pricing, called on the government to clarify the legal position.

Health spokeswoman Cathy Jamieson said: “The government needs to make clear if the legal opinion they have has been superseded by the ruling by the European Court’s advocate general.”

Health Secretary Nicola Sturgeon said the government plans were still on track. “It is entirely inappropriate and irrelevant to translate an opinion on tobacco to the totally different issue of minimum pricing of alcoholic products,” she said.

Ms Sturgeon added the government was “well aware” of the cases and the “relevant directive” which was about tobacco and “nothing to do with alcohol”.

“In fact, the European Commission has already said that community legislation does not prohibit minimum pricing for alcohol on public health grounds,” she said.