Minimum pricing challenged in court

Jan 15 2013

A legal challenge to the Scottish Government's controversial legislation on minimum pricing for alcohol is to come before a court.

The Scotch Whisky Association (SWA) has brought legal action against the legislation which would introduce a minimum unit price of 50p.

According to the SWA, which represents whisky firms in Scotland, the measure is illegal and will damage the industry. It is pursuing its case at the Court of Session in Edinburgh, Scotland's highest civil court, where eight days have been set aside for the arguments on both sides to be aired before a judge.

Ministers say they are committed to introducing the policy which they believe will save lives.

Holyrood passed the Alcohol Minimum Pricing Bill last spring in an attempt to tackle the nation's unhealthy relationship with alcohol.

The SWA later unveiled its plan to challenge the legislation in the Scottish courts. Its petition for a judicial review, being brought in conjunction with European spirits and wine producers, will be heard by judge Lord Doherty over the coming days.

The SWA maintains that minimum pricing will be ineffective in tackling alcohol misuse and says it will penalise responsible drinkers and put more pressure on household budgets.

Lawyers for the organisation, led by Aidan O'Neill QC, are expected to argue that the law on minimum pricing breaks the UK's EU treaty obligations because it would restrain trade. The action is also being taken on the grounds that the law breaks the Act of Union which stipulates that there must be a common market across the UK.

The Scottish Government and the UK Government are both expected to respond in court to the arguments put forward.

The hearing will take place from Tuesday to Friday. The same days next week have been set aside for the case to be heard.