Minimum pricing on alcohol is legal in EU says Nicola Sturgeon
Nicola Sturgeon has been told minimum pricing is legal. Picture: Julie Bull
THE Scottish Government’s plans to introduce a minimum price for alcohol are, in principle, “entirely compatible” with European Union law, Nicola Sturgeon has been told by senior EU officials.
A spokesperson for the health secretary said that Ms Sturgeon and the Health Commissioner in Brussels had held talks on the issue, and there was no reason the policy would be at odds with EU law if key conditions were met.
The SNP administration is planning to introduce a minimum price per unit, but critics have argued that the move would be illegal under European law.
Moves to bring in the policy two years ago were blocked by opposition parties, but with an SNP majority now controlling Holyrood, the legislation is likely to be backed by MSPs over the course of the parliament.
Opponents of the measure – both political and within the drinks industry – have argued that the move was probably illegal under European law.
Given the SNP’s ability to push the measure through Holyrood and Ms Sturgeon’s determination to do so, claims that the move will be allowed under European law are likely to bolster the SNP’s argument and remove perhaps the last potential stumbling block to the move becoming law.
Ms Sturgeon was in Brussels yesterday where she met with EU health commissioner John Dalli and other senior officials.
Following the meeting, a spokesman for the health secretary said they had had “very good, productive discussions” about minimum pricing.
The spokesman added: “The very clear message from the commission was confirmation that minimum pricing for alcohol is entirely compatible in principle with EU law.
“The discussions were very positive and basically confirmed what we’ve always said. We’ve asserted minimum pricing in principle is entirely compatible with EU law, provided that certain key tests are met, which is why we’re working very hard to ensure that proposals, when they are brought forward, are absolutely robust.”
The policy was defeated in the Scottish Parliament two years ago after opposition parties raised questions about the impact it would have on the country’s health and its compatibility with EU law.
In October, UK public health minister Anne Milton told a Westminster committee that the SNP’s plans were likely to contravene European free trade legislation.
She said: “I know Scotland is thinking about introducing it, and they will be challenged, and that will clarify the law. But our advice is that it is illegal.”
Then, the Wine and Spirit Trade Association’s chief executive, Jeremy Beadles, also said the move was “probably illegal under European law”, as did the Scotch Whisky Association.
Ms Sturgeon announced in October – at the SNP’s national conference in Inverness – that the policy would be brought back before Holyrood.
The Scottish Government has not announced what price per unit it will support, but 45p has been used to illustrate the proposals.
The Scotsman reported earlier this month that new research from Sheffield University showed that even that figure should be a “minimum” for ministers, who are expected to unveil their preference in the spring.
It was shown in the study that the figure would have less of an impact that previously thought – leading to a 3.5 per cent fall in consumption rather than the 4.3 per cent figure expected two years ago when the policy was before Holyrood.
The study also showed that if ministers were to double that figure to 90p per unit, the impact on cutting hospital admissions, reducing deaths and slash drink-related crime would be trebled.
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Comments
There are 435 comments to this article
Page 1 of 29
Alan Craigie
Saturday, February 11, 2012 at 12:12 PMWithout a good deal of drink nobody could touch Nicola!
Buford Van Stomm
Thursday, February 9, 2012 at 03:14 PMus normal punters who support a progressive Scotland with a right to self determination that is-a growing number. ==================================================== pity that number is a negative.
runaway
Thursday, February 9, 2012 at 10:50 AMNicola, walk away from this before it comes back to bite you....Dont upset the working classes, god knows we dont have much as it is...
Kobi
Thursday, February 9, 2012 at 12:26 AM#430 "Waffle waffle" Still no sign of any lawyer who thinks that the SNP's plans are lawful. Never mind, you can join the ranks of hundred of other cybernats who were stumped by this and had to resort to irrelevant bluster.
Kinghob
Thursday, February 9, 2012 at 12:15 AMClownicus insists on bombarding us with the predictably irrelevant facebook orientated tete a tete which basically supports the failings of the unionists and that ironically reflects real life for us as something we observe daily....................us normal punters who support a progressive Scotland with a right to self determination that is-a growing number.
Kinghob
Thursday, February 9, 2012 at 12:12 AMI think that the 'probably illegal' quote from the 'opposition' unionists (in Scotland only of course) has come back to bite them on the behind, there is no 'probably' in a declaration of illegality. That would be 'opinion'. I like that the westminster attempt to declare the referendum (among many things we have gung ho unionist politicians and compliant media declaring it 'illegal' with zero evidence) was suddenly up to them for them to control similarly unravelling by the day!
whitstomatowiu
Thursday, February 9, 2012 at 12:11 AMKobi,----------------------All you unionistas should not be worried about King Alexander getting on t-v -------------------------------------------------------you should get an order that no unionistas be allowed on after Wee Babe Ruth and Ken McIntosh's display on Newsnicht -----------------------------------Where oh where do they get them from---------------------------------------------------------------------------------------------Was it Ken's dad that invented the well known raincoat?---------------------------I bet Ken's wishes he had one at least 10 times too big to hide away after that shocker
Cynicus
Thursday, February 9, 2012 at 12:02 AM"201,,Cynicus.. Well done..."-#305, jaydee ================================================ This honours the unworthy. ================================================ " I said you are completely and utterly incapable of reasoned debate without resorting to insults and silly name calling. " ================================================ In the manner of insults and name-cslling, I am more sinned against than sinning-as any unblinkered perusal of these threads will show. ================================================ "You are not very politically aware as you seem to think you are.. " ================================================ How politically aware do i seem to think I am? ================================================ "..... you assume that any one who supports separation is SNP... " ================================================ That claim is absurd. I am a separatist who is NOT SNP. ================================================ "Macaskail is a joke...." ================================================ AGREED ================================================ "... and he should have been sacked over the Lockerbie. bomber..." ================================================ Certainly. But I'm not sure if we agree on that for the same reason. I believe Megrahi to be innocent and that Blootered Kenny allowed himself to be catspaw of the British establishment in sabotaging the second appeal. He is not fit to practice as a hick lawyer in Auchtermuchty -far less be Justice Secretary. ================================================ "....come separation I will have other issues.... For instance I will vote for a party that decides to keep the nuclear deterrent..." ================================================ WHAT?! You want an independent Scotland to have a nuclear deterrent? ================================================= I'm sorry. Any attempt to treat you seriously vanishes at this point.
Cynicus
Wednesday, February 8, 2012 at 11:44 PMReport Unsuitable
Lies and stats
Wednesday, February 8, 2012 at 11:38 PMIf I was a Labour or Tory supporter I wouldn't embarrass yourself objecting to this move. Just like the smoking ban it will happen down in England in the end and therefore you are going to look stupid objecting here but supporting down south. By the way even if it was 90p a unit that would not make any difference in a pub or restaurant to current prices only to Supermarkets and we could always increase the Tesco tax to take account of any increase in profits.
Kobi
Wednesday, February 8, 2012 at 11:31 PM#422 Sez you earlier in this thread: "Now this sensible goverment is taking the first steps to repair our international reputation and improve the health of the nation. Their action is highly commendable." You are anything but neutral, but are just another nat shill who parrots the SNP line without thinking.
Kobi
Wednesday, February 8, 2012 at 11:12 PM#419 Right, name one lawyer who is expert in this area who thinks it is lawful. The reason you and the rest of the SNP pavlovs can't is that none of them do. So what if NHS and Social groups involved with alcohol want it - just because they want something does not make it legal. If Sturgeon is so convinced of her position, let her publish the legal advice she has received. The reason she won't is because it tells her that what she proposes is unlawful. The reason she trotted off to Brussels in a desperate attempt to get some cover from the EU Commission shows that she knows this, and the lies she instructed her spin doctor to spin, and which the SNP drones lapped-up and have parroted ad nauseam, shows what a busted flush she and her policy are.
Kobi
Wednesday, February 8, 2012 at 11:11 PM#419 Right, name one lawyer who is expert in this area who thinks it is lawful. The reason you and the rest of the SNP pavlovs can't is that none of them do. So what if NHS and Social groups involved with alcohol want it - just because they want something does not make it legal. If Sturgeon is so convinced of her position, let her publish the legal advice she has received. The reason she won't is because it tells her that what she proposes is unlawful. The reason she trotted off to Brussels in a desperate attempt to get some cover from the EU Commission shows that she knows this, and the lies she instructed her spin doctor to spin, and which the SNP drones lapped-up and have parroted ad nauseam, shows what a busted flush she and her policy are.
Ayrshireguy
Wednesday, February 8, 2012 at 10:55 PMKobi...... As a neutral observer...... I would say you lost this arguement with knighthob..
Swiss Toni
Wednesday, February 8, 2012 at 10:33 PMTartancult @394 – never was a truer word spoken on this topic - you are to be congratulated sirmadam
Page 1 of 29
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