Controversial Scottish Government plans to crack down on cheap alcohol are facing a massive legal challenge from the drinks industry.
Trade body the Scottish Whisky Association (SWA) announced a double-pronged attack on the minimum pricing proposals, which it believes will damage the vital industry and prove ineffective in battling Scotland’s destructive relationship with booze.
Lawyers will argue the measures approved by MSPs earlier this year breach EU trade rules and are beyond the remit of the Scottish Parliament.
SWA chief executive Gavin Hewitt confirmed a complaint will be made to the European Commission and a separate legal challenge will be made through the Scottish Court of Session.
He said minimum pricing of alcohol would artificially distort trade in the alcoholic drinks market and warned other countries are likely to adopt similar measures to target imported products.
Such ”copycat” measures could cost the Scotch whisky industry £500 million in exports, he said.
The Scottish court bid will argue the law on minimum pricing is in breach of the UK’s EU Treaty obligations.
It also says the Scottish Parliament is not competent to pass the measure as regulation of pricing goods and services is reserved to Westminster.
”Despite warnings minimum pricing of alcohol would be illegal, the Scottish Government has pressed ahead with its ill-targeted policy and misguided legislation,” he said.
”The Scotch whisky industry is left with no option but to oppose the legislation in Europe and through the Scottish courts.
”Moderate drinkers are being forced to pay for an untargeted, misguided and illegal policy. Minimum pricing will not tackle the problem of harmful and hazardous drinkers and will damage one of the country’s leading industries.”
Health Secretary Nicola Sturgeon said the government would ”vigorously oppose” the legal challenge.
”Minimum pricing was passed overwhelmingly by the Scottish Parliament and has the strong backing of those who work daily with the effects of alcohol misuse our doctors, nurses, the police and public health experts.
”It is a policy that has growing support across the UK and internationally. Therefore, while we acknowledge their right to do so, we regret the decision of the SWA to challenge minimum pricing in the courts.”
The European Spirits Organisation (CEPS) and Comit Vins (CEEV), the European wine body, have joined the SWA in the legal action.
Dr Evelyn Gillan, chief executive of Alcohol Focus Scotland, said the legal challenge was ”extremely disappointing”.
Sheffield University research indicates a 50p minimum price would lead to 60 fewer deaths, 1,600 fewer hospital admissions and 3,500 fewer crimes in its first year.
After 10 years there could be 300 fewer deaths annually, 6,500 fewer hospital admissions and overall savings worth £942 million.
Photo by Rui Vieira/PA Wire