Analysis: Six years on and battle looks far from over

THE SNP government’s attempt to raise the price of alcohol has become a tortuous, six-year marathon, beset by political, industrial and legal opposition that has crossed international boundaries and still shows no sign of reaching a conclusion.

The policy first emerged in the weeks after the 2007 Scottish election. Justice secretary Kenny MacAskill made clear he intended to “get tough” on what he described as the “irresponsible” sale of alcohol and declared he wanted to raise the tax on cheap drink.

With the old Labour-Lib Dem Scottish Executive having brought in the smoking ban two years earlier, the SNP decided to go a step further, declaring in 2008 that it wanted to examine raising the age limit for drinking to 21, as well as introducing a minimum retail price.

The plans drew international attention and while the 21 limit did not survive consultation, the idea of a minimum price did. The then minority SNP government failed to win support from the rest of the Scottish Parliament. But with the landslide victory in 2011, the then health secretary Nicola Sturgeon decided to bring it back in the knowledge that, this time, the parliamentary numbers were guaranteed. The measure was passed, but quickly got stuck in legal limbo. The Scotch Whisky Association (SWA) lodged a formal complaint with the European Commission (EC), warning the plans would break EU free trade rules. The SWA also sought a judicial review of the legislation at the Court of Session in Edinburgh, on the grounds that ministers were overstepping their remit. While the Scottish Government won the Court of Session case, the European battle looks tougher, with the EC itself and five member states having declared their opposition.

With the SWA having appealed at the Court of Session, that strand of the legal challenge will now grind on into next year. Health secretary Alex Neil believes a referral to the European Court of Justice on trade rules is also likely.

Scottish ministers will argue that Scotland’s particular social problem with drink requires a specific solution. However, with recent figures suggesting that alcohol consumption is actually falling in Scotland, that argument may soon become more difficult to make.