News In Focus
12 February 2010
MSPs say bill should state minimum alcohol price
The Scottish Government should state its proposed minimum price for alcohol in the bill now before the Parliament, a committee of MSPs reported yesterday.
Holyrood's Subordinate Legislation Committee, in a report on the delegated legislation powers in the Alcohol Etc (Scotland) Bill, said it was apparent, from evidence given by Scottish Government officials, "that a careful and complex assessment of any particular minimum price and alternative options will be required in order to determine whether any exercise of the power [to specify a minimum price] will be compatible with Community law and therefore within devolved competence".
The committee added: "In the absence of a proposed minimum price and supporting evidence it is not clear to the committee that it has been shown by the Government that the power introduced by section 1 can be exercised within competence, although the committee accepts that it could be possible to do so.
"In the committee’s opinion, the use of affirmative procedure, which would allow only a 40 day period for the consideration of an instrument, would not afford the Parliament sufficient opportunity to conduct full and proper scrutiny of the minimum price of alcohol proposed by the Scottish Ministers. The committee therefore recommends that the initial MPU [minimum price per unit] should be set out in the bill so that the supporting evidence can be subject to full parliamentary scrutiny."
Subsequent orders varying the MPU should, it added, be subject to super-affirmative procedure, which would provide an extended period for consultation and scrutiny prior to the laying of a final affirmative instrument.
The committee also suggests that ministers be asked to provide further evidence for the power in section 9 of the bill, to prescribe those areas in respect of which licensing boards may vary the conditions of operation for all or a particular group of premises licences.
Further, it "does not consider that the question of the appropriateness of using subordinate legislation for the purpose of establishing a social responsibility levy has been adequately addressed by the Scottish Government".
Click here to view the committee's report.