Legal battle over minimum pricing back in court

A legal challenge to plans from SNP ministers to introduce a minimum unit price for alcohol is to return to Scotland's highest civil court.

Lawyers representing the Scotch Whisky Association (SWA) and the Scottish government will appear at the Court of Session.

The issue is due to be debated during the next two days, with the judges expected to deliver their findings at a later date.

They will debate a European Court of Justice (ECJ) ruling last December that minimum pricing may breach EU rules on free trade.

MSPs passed legislation for a minimum price of 50p per unit of alcohol in 2012.

SNP ministers said the policy would stop the sale of alcohol at pocket money prices and deliver key public health benefits.   

However, the SWA launched a legal challenge to the policy, which has still not been introduced despite being the longstanding stance of Scottish ministers.

The SWA has argued minimum pricing would discriminate against poorer drinkers, and was beyond the powers held by the Scottish government.

The case was taken to the ECJ in Luxembourg, where judges ruled that the minimum pricing plans would restrict free trade.

They instead recommended the introduction of alternative tax measures to increase the price of alcohol instead of a minimum price per unit.

But, the European judges said it was "ultimately for the national court to determine whether measures other than that provided for by the Scottish legislation, such as increased taxation on alcoholic drinks, are capable of protecting human life and health as effectively as the current legislation, while being less restrictive of trade in those products within the EU."

However, three Scottish judges - Lord Carloway, Lord Brodie and Lord Menzies - will use the European ruling in their deliberations at the Court of Session.

They will have to examine all of the evidence to help them decide whether improvements in public health could be achieved by other means, such as increasing tax rates.

But regardless of the Court of Session ruling, a further appeal to the UK Supreme Court by either the Scottish government or the SWA is expected at a later date.