THREE years after the Scottish Government passed legislation, with no opposition, to introduce a minimum unit price (MUP) for alcohol sold in Scotland, the Scotch Whisky Association and its associates continue to delay implementation of the policy.
The Scottish MUP policy sets a “floor price” below which alcohol cannot be sold, based on the amount of alcohol contained in the product. In the latest stage of the legal battle, the Advocate General of the European Court of Justice (ECJ) yesterday issued a ruling that the Scottish legislation does not contravene European law.
The opinion also indicates that Scottish, rather than European courts, will make the final decision about whether this is the most effective public health measure available to regulate the supply of cheap alcohol.
The Scotch Whisky Association is the trade association which has been fronting the legal challenge to the Scottish MUP policy, despite the latter figuring strongly in the SNP’s 2010 election manifesto. That means people voted for it.
Whisky gloss is a term used by some commentators to refer to the impression that the Scotch Whisky Association likes to present that, like bagpipes and tartan, they represent deeply embedded cultural values which celebrate “Scottishness”.
In fact, the reality represented by the Scotch Whisky Association in continuing its action against this important health policy is that of a land where 20 people die every week because of alcohol-related causes and where rates of liver disease have quadrupled in 30 years.
The Scotch Whisky Association is working on behalf of a multi-national consortium of trade associations, with teams of lobbyists in Brussels and across the world. This case has never been about Scotch whisky. Most Scotch whisky is produced for export and most would not be affected by MUP. Rather, the policy attacks the affordability of the cheap, high-alcohol spirits that litter supermarket aisles across our country. The global producers are concerned that a policy precedent for prioritising health over profits might spread. Fortunately, they may be accurate in this at least. Ireland has had similar problems to Scotland related to alcohol. I am delighted – and I hope it has been noticed – the Irish Government has noted and welcomed the Advocate General’s opinion in relation to the Scottish case and is now planning to publish its own legislation, including similar provisions. This is most welcome.
SHAAP represents the Scottish Health professions on alcohol. We have long argued for an MUP policy. In Canada, a 10 per cent increase in average minimum alcohol prices has been associated with a 32 per cent reduction in alcohol deaths.
Although I welcome the Advocate General’s opinion, I regret that, just as was the case for many years with tobacco policy, this legal process continues. However, overall, this is a good day for public health and moves us in the right direction. Let me warn the Scotch Whisky Association: we will win this battle in the end because we have justice on our side. You will lose because you have not.
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