Minimum pricing policy has been ‘dreamed up’

Legal representatives for the Scotch Whisky Association (SWA) have told a court that the Scottish Government’s policy on minimum pricing for alcohol has been “dreamed up”.

A court has heard that the Scottish Government’s minimum pricing policy for alcohol has been “dreamed up”

The industry body, which has been a vocal opponent to the policy for a minimum unit price of 50p to be implemented in Scotland, returned to court yesterday.

SWA members had initially taken legal action against the policy when it was passed by the government in May 2012, stating that it contravened EU trading laws.

The case was, however, thrown out by Judge Lord Doherty in May last year.

The association has been joined by Spirits Europe and the CEEV, the federation of European wine producers, in its legal action.

Setting out the case, Aidan O’Neill QC said a “fundamental failure” of the Scottish Government’s case was its focus on health evidence, as opposed to the effect on imports from other member states.

He said the policy had been “dreamed up” by health advisers with no consideration paid to whether the policy was legal.

He added that that minimum pricing would have a negative impact on the open market and free competition in the EU.

“It clearly doesn’t simply affect the consumer in Scotland,” he said. “It affects producers in other member states.

“But there is nothing in these documents that we have been able to identify in which the Scottish Government actually addresses the issue of the compatibility of this policy with EU law, given its impact on imports from other member states.”

The Scottish Government is due to make its case later in the hearing, which is expected to last six weeks.