European spirits body welcomes court statement on minimum pricing for alcohol

By Nigel Huddleston

Published: 04 September, 2015

The body which represents spirits producers across the EU has welcomed yesterday's European Court of Justice statement that casts doubt on the legality of minimum unit pricing for alcohol.

Paul Skehan, director general of Spirits Europe, questioned whether it was "now time to move on" and said: "Instead of wasting more time debating the illegality of minimum unit pricing, we believe it would be far better to discuss useful, legal ways of tackling the alcohol-related issues that persist, not only in Scotland, but around the EU.

"Tackling alcohol-related harm requires collective efforts for targeted actions - in partnership, at local level.

"There are a range of other initiatives of proven effectiveness, not based on theoretical computer models."

Skehan was responding to yesterday's statement by Yves Bot, the advocate general of the European Court of Justice, that minimum pricing may be illegal unless it could be shown that public health benefits can't be delivered by other means, such as taxation.

Spirits Europe was party to the legal challenge to minimum pricing originally launched in Scotland by the Scotch Whisky Association.

Skehan added: "The opinion encourages us in our long-held view that minimum unit pricing is neither proportionate nor necessary, and is, consequently, illegal under EU law."

The SWA and the Wine & Spirit Trade Association are both members of Spirits Europe, along with leading producers including Diageo, Pernod Ricard and Beam Suntory.

An author on alcohol and society has also welcomed the advocate general's statement.

Paul Chase, a director of licensed trade training body CPL and author of Culture Wars & Moral Panic, said: "The Scottish Government's belief that putting a floor under alcohol prices would significantly reduce excessive consumption and health harms was never an evidence-based policy, but a piece of policy-based evidence.

"No matter how many false statistics they tried to crow-bar into the junk-science mathematical models used to justify this measure, the advocate general has, with his opinion today, seen through this false prospectus and rejected government price-fixing of beverage alcohol."

But Scotland's First Minister, Nicola Sturgeon, is still confident that minimum unit pricing will be allowed after the European Court makes its final ruling.

"Importantly, this initial opinion indicates it will be for the domestic courts to take a final decision on minimum unit pricing," she said.

"The advocate general finds that the policy can be implemented if it is shown to be the most effective public health measure available.

"As such, the legal process is ongoing and we await a final response from the European Court of Justice, before the case returns to the Scottish courts.

"While we must await the final outcome of this legal process, the Scottish government remains certain that minimum unit pricing is the right measure for Scotland to reduce the harm that cheap, high-strength alcohol causes our communities."

The SWA launched its legal challenge after the Scottish government passed legislation to introduce a minimum price of 50p per unit of alcohol in 2012.

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