UK Supreme Court ruling hailed as ‘landmark moment’ for public health
The UK Supreme Court has today ruled that minimum unit pricing for alcohol, which was passed overwhelmingly by the Scottish Parliament in 2012, can now proceed. Health Secretary Shona Robison welcomed the decision and confirmed she intends to make a statement to Parliament shortly, setting out the Scottish Government’s next steps.
Following the unequivocal backing of the highest court in Scotland – and a referral to the European Court of Justice – the UK Supreme Court has now dismissed an appeal by the Scotch Whisky Association and others, ruling that the proposed minimum unit pricing policy is appropriately targeted, lawful and proportionate.
Prior to implementing the policy, Ministers will now conduct a consultation on the proposed 50 pence per unit price and refresh the Business and Regulatory Impact Assessment (BRIA) that is required by Parliament. The Scottish Government anticipates setting the minimum unit price at 50 pence per unit, subject to the outcome of the consultation and the refreshed BRIA.
Ms Robison said: “This is a historic and far-reaching judgment and a landmark moment in our ambition to turn around Scotland’s troubled relationship with alcohol. In a ruling of global significance, the UK Supreme Court has unanimously backed our pioneering and life-saving alcohol pricing policy.
“This has been a long journey and in the five years since the Act was passed, alcohol related deaths in Scotland have increased. With alcohol available for sale at just 18 pence a unit, that death toll remains unacceptably high.
“Given the clear and proven link between consumption and harm, minimum pricing is the most effective and efficient way to tackle the cheap, high strength alcohol that causes so much damage to so many families.
“So we will proceed with plans to introduce minimum unit pricing as quickly as possible. I intend to make a statement to Parliament shortly setting out our next steps, including our preferred implementation timetable and how we will engage with retailers and industry to make this a success.
“The Scotch Whisky Association were within their rights to make this case. I am pleased that the case has now been settled decisively by the courts and I know the Scotch Whisky Association will accept the decision.
“The Scottish Government has always supported whisky as a key part of our economy and an icon of Scottish food and drink, and we will continue to work closely with the sector to ensure its economic success. We will also work closely on the promotion of safe and responsible alcohol consumption and the smooth implementation of the policy.”
SNP MSP for Edinburgh Northern and Leith, Ben Macpherson, has welcomed the UK Supreme Court’s ruling. The policy was passed by the Scottish Parliament in 2012, but has been delayed due to a long-running legal challenge. Today’s ruling allows it to go ahead, setting a minimum unit price on alcohol of 50 pence.
Minimum unit pricing is backed by academic research, which suggests that the policy will cut alcohol-related deaths and reduce hospital admissions linked to alcohol misuse, which costs Scotland £3.6 billion every year.
Ben Macpherson said: “This is excellent news and the ruling now allows us as a nation to move ahead with the implementation of this policy, that was overwhelmingly backed by the Scottish Parliament five years ago, and take action that is needed to help cut alcohol-related deaths and reduce hospital admissions.
“Alcohol misuse costs Scotland £3.6 billion every year and, while recognising that most people are responsible drinkers, together we need to consider our relationship with alcohol and tackle problematic alcohol consumption.
“Given the clear and proven link between consumption and harm, minimum pricing will be an effective and efficient measure to tackle the sale of cheap, high strength alcohol that can cause so much damage to individuals, families and communities.
“I know that the Scottish Government will continue to support the whisky industry, Scotland’s burgeoning gin production and other distillers, and work alongside them to ensure their economic success, while maintaining the SNP’s commitment to promote safe and responsible alcohol consumption.
“Scotland is the first country in the world to implement a minimum unit pricing policy – and we should be proud to be taking a lead, for the benefit of our society and future generations.”
The Scottish Greens have also welcomed the UK Supreme Court decision. Green health spokesperson Alison Johnstone MSP says the alcohol companies behind the failed block should be “ashamed of themselves” and called on ministers to now get on with putting the policy in place.
Lothian MSP Alison Johnstone said: “The big drinks firms who have stalled this sensible piece of public health legislation should be ashamed of themselves. They’ve attempted to use the same tactics of the tobacco industry, but thankfully they’ve failed.
“Health charities and doctors have expressed support for minimum pricing as part of Scotland’s effort to reduce the damage that alcohol can cause and now the Scottish Government must get on and implement this urgent public health priority.
“Greens were the only opposition MSPs to support minimum pricing in the 2007-11 parliament and again voted for it when it was passed in 2012.”
The British Liver Trust also welcomed today’s judgement that minimum unit pricing is legal and can be implemented in Scotland.
Judi Rhys, Chief Executive, British Liver Trust commented “The MUP ruling for Scotland is a welcome first step to help stem the rise in deaths from alcohol related liver disease. There has been 400% increase of liver disease over the last 40 years and at the same time alcohol has become less expensive and more easily available. This ruling will impact the most harmful drinkers as MUP affects the cheapest booze and the heaviest drinkers. We look forward to MUP being adopted across the rest of the UK.”
The British Liver Trust believes that this decision has implications far beyond Scotland. England, Wales and Northern Ireland are now clear to progress plans for minium unit pricing.
The British Liver Trust urges everyone to take their online screening test to find out if they are at risk of liver disease: www.britishlivertrust.org.uk/screener
Not everyone is raising a glass to celebrate the decision, however.
Tom Stainer, CAMRA’s Head of Communication said: “While we recognise the Supreme Court decision, CAMRA does not support minimum pricing as we believe that it penalises moderate and responsible drinkers while doing little to support those who have issues with alcohol abuse. We think governments would achieve more by focussing on reducing beer duty and business rates to help pubs survive and continue to provide a vital community service.”
Karen Betts, Scotch Whisky Association chief executive, said: “We accept the Supreme Court’s ruling on minimum unit pricing (MUP) of alcohol in Scotland. Looking ahead, the Scotch Whisky industry will continue to work in partnership with the government and the voluntary sector to promote responsible drinking and to tackle alcohol-related harm.
“We will now look to the Scottish and UK Governments to support the industry against the negative effects of trade barriers being raised in overseas markets that discriminate against Scotch Whisky as a consequence of minimum pricing, and to argue for fair competition on our behalf. This is vital in order that the jobs and investment the industry provides in Scotland are not damaged. At home, we hope to see an objective assessment of the impact of MUP.”
