Minimum pricing legal challenges underway

After a three year battle, the Scottish Government’s bid to introduce a minimum price on alcohol has reached the Court of Session in Edinburgh, in what is being seen as a test case for British Prime Minister David Cameron.

Minimum pricing could damage the Scotch export industry, worth £4bn a year to the economy

Lawyers for the Scotch Whisky Association (SWA) have argued that the measures contravene EU free trade rules, would prove ineffective in tackling alcohol misuse, and could damage an export industry worth £4bn a year to the Scottish economy.

This week the Judge – Lord Doherty  – will hear the counter argument from lawyers representing Holyrood and Westminster.

Behind the scenes, EU trade ministers are said to be broadly sympathetic with the SWA’s views, while the Scottish National Party (SNP) are furiously lobbying European health ministers for their support.

The Scottish Government’s desire for a 50p per unit price, which would raise the cheapest 70cl bottle of Scotch to £14, was passed by the Parliament in May last year at its second attempt. Meanwhile Cameron has voiced support for a 45p per unit minimum south of the border.

The case is set to conclude this Friday 25 January, after which the Lord Doherty will consider his ruling. Whatever that is, it may well be the first of a series of legal challenges that could go to the Supreme Court in London or the European Court of Justice in Luxembourg.

Either way, it appears unlikely that minimum pricing in Scotland will hit the streets this April as planned.