Minimum alcohol price ‘may infringe on free trade’

Scottish Government plans to introduce a minimum unit price on alcohol has appeared to suffer a setback after the Advocate General of the European Court of Justice said it may break EU rules on free trade.

However Minimum pricing would be legal if it could be shown that no other mechanism - such as increasing taxes - was capable of delivering the desired public health benefits, she said.

The policy, passed in the Scottish Parliament in 2012, had been referred to the European court after a challenge by the Scotch Whisky Association.

RELATED CONTENT

Alcohol sales up in Scotland

Scottish alcohol group resigns from European Commission forum over lack of strategy

The court will deliberate before delivering its final judgement, which usually corresponds with an advocate general’s opinion.

The Scotch Whisky Association welcomed the statement. Chief executive David Frost said: “The opinion encourages us in our long-held view that MUP is illegal when there are less trade restrictive measures available. We await the Court of Justice's final ruling.”

However the medical campaign behind minimum pricing, Scottish Health Action on Alcohol Problems (SHAAP) accused the SWA of ignoring the ECJ opinion because, they said, the evidence to back the mechanism was already in place.

“The evidence has already been accepted in Scottish courts to prove that case. Good day for public health,” it said on social media.

Linda Bauld, Professor of Health Policy at Stirling University's Institute for Social Marketing told BBC Radio this morning the policy could save lives.

"The reason the Scottish Parliament passed this measure is that there is strong and clear evidence that increased price reduces both hazardous drinking and alcohol problems.

"It is really unfortunate that we have had this delay because of this legal case,” she said.