Consultation on Alcohol Advertising: FOI release

Information requested

Information in relation to the Scottish Government consultation on Alcohol Advertising which was published on 17 November 2022 (noted here: https://www.gov.scot/publications/consultation-restricting-alcohol-advertising-promotion/documents/).

I note that this consultation seeks views on a number of matters which it is accepted are outwith the powers of the Scottish Parliament, including restrictions on alcohol advertising on social media. Please can you confirm the following:

1. What aspects of the consultation proposals are accepted by Ministers to be outwith the powers of the Scottish Parliament?

2. What advice was received by Ministers as to the inclusion of matters outwith these powers?

3. Having regard to the Scottish Public Finance Manual and in particular clause 12 on “Absence of Powers” in the section relation to expenditure without authority (https://www.gov.scot/publications/scottish-public-finance-manual/expenditure-without-statutory-authority/expenditure-without-statutory-authority/), please confirm what expenditure has occurred in relation to the aspects of the consultation which are outwith these powers.

4. Please confirm the details and dates of any written authority requested, or given, by the relevant Accountable Officer, with regard to any expenditure on aspects of the consultation outwith these powers.

Response

Question 1 

The consultation considered what possible restrictions could be introduced across Scotland to reduce the amount of advertising and marketing seen by children, those in recovery and the general public. 

This was an initial high-level consultation seeking views on a range of potential future areas to develop, which included areas where further work would be required with the UK Government. The consultation explicitly highlighted areas where Scottish Government would need to work with UK Government over the development of any more detailed proposals. 

Section 1.22 of the consultation states ‘The Scottish Government may not have the powers to implement all of the restrictions outlined in this consultation. Some proposed restrictions may require the UK Government to take action or devolve powers to the Scottish Ministers. This consultation does not mean the actions outlined will take place – of course, the proposals discussed are subject to the outcomes of this consultation. However, gaining your views on these measures is of value to the overall consideration of alcohol marketing restrictions and the further development of policy proposals.’ 

Section 5.5 ‘As previously mentioned, we will consider the areas where Scotland can implement restrictions on advertising within devolved powers. Some of the areas discussed in the consultation (e.g. TV and radio advertising) may require the UK Government to take action. Given the value of taking a comprehensive approach to restriction, there is value in gathering views on all the areas discussed in this paper’ 

Section 10.7 ‘If we were to take action to restrict print advertising in Scotland, we would also look to encourage the UK Government to introduce complementary restrictions on alcohol advertising in newspapers and magazines produced in the Rest of UK and distributed in Scotland.’ 

Section 12.9 ‘Scottish Government may not have sufficient power to restrict advertising on television or radio in Scotland and may need to work with the UK Government to take action.’ 

Section 13.7 [cinema] ‘Following this consultation and subject to the consultation responses, we will consider possible restrictions that can be implemented. This is an area where the Scottish Government may not have the power to implement potential restrictions on cinema advertising in Scotland and where there may be a need to work with the UK Government to take action.’ 

Question 2 

The following table provides an overview of the advice received by Ministers on the alcohol marketing consultation: 

Date	Lead Minister	Overview
July 2019	Minister for Public Health, Sport and Wellbeing    Copied to:  Cabinet Secretary for Health and Sport  Minister for Mental Health  Minister for Children and Young People	Submission on the proposed approach and draft letter to UKG
July 2021	Minister for Public Health, Women’s Health and Sport    Copied to:  Cabinet Secretary for Health  Minister for Children and Young People	Submission on alcohol advertising and promotion consultation scope and timings
August 2021	Minister for Public Health, Women's Health & Sport	Supplementary advice provided to Minister
June 2022	Minister for Public Health, Women’s Health and Sport    Copied to :  Cabinet Secretary for Health and Social Care  Minister for Drug Policy  Minister for Children and Young People  Lord Advocate	Draft consultation topics and proposed next steps
October 2022	Minister for Public Health, Women’s Health and Sport    Copied to:  Minister for Community Safety  Minister for Children and Young People  Minister for Drugs Policy  Cabinet Secretary for Health and Social Care  Cabinet Secretary for Rural Affairs and Islands  Lord Advocate	Draft consultation document
October 2022	Cabinet Secretary for Health and Social Care, Cabinet Secretary for Rural Affairs and Islands, Minister for Business, Trade, Tourism and Enterprise, Minister for Community Safety, Minister for Culture, Europe and International Development  Copied to: Minister for Public Health, Women’s Health and Sport, Minister for Drugs Policy, Minister for Children and Young People, Minister for Mental Wellbeing and Social Care  Lord Advocate  Solicitor General	Draft consultation document
October 2022	Minister for Public Health, Women’s Heath & Sport	Draft Cabinet Sub-Committee for Legislation paper on publication of consultation
October 2022	Deputy First Minister and Cabinet Secretary for Covid Recovery, Minister for Zero Carbon Buildings, Active Travel and Tenants’ Rights, Minister for Parliamentary Business  Lord Advocate    Copied to:  Minister for Public Health, Women’s Health and Sport, Cabinet Secretary for Health and Social Care, Cabinet Secretary for Rural Affairs and Islands, Minister for Business, Trade, Tourism and Enterprise, Minister for Community Safety, Minister for Culture, Europe and International Development, Minister for Children and Young People, Minister for Drugs Policy, Minister for Mental Wellbeing and Social Care  Solicitor General	Cabinet Sub-Committee for Legislation paper on publication of consultation
November 2022	Reply to Deputy First Minister and Cabinet Secretary for Covid Recovery, Minister for Zero Carbon Buildings, Active Travel and Tenants’ Rights, Minister for Parliamentary Business from Lord Advocate.  Copied to:  Minister for Public Health, Women’s Health and Sport, Cabinet Secretary for Health and Social Care, Cabinet Secretary for Rural Affairs and Islands, Minister for Business, Women’s Health and Sport, Cabinet Secretary for Health and Social Care, Cabinet Secretary for Rural Affairs and Islands ,Minister for Business, Trade, Tourism and Enterprise, Minister for Community Safety, Minister for Culture, Europe and International Development, Minister for Children and Young People, Minister for Drugs Policy, Minister for Mental Wellbeing and Social Care Solicitor General	Response to Cabinet Sub-Committee for Legislation paper on publication of consultation

Question 3

A total of £5,664.62 has been spent on the design and publication of the consultation, including both the full version and the easy-read versions.

There were no specific costs incurred that fall within the scope of by clause 12 of the Scottish Public Finance Manual, given the high-level exploratory nature of the consultation (which acknowledges that some aspects of the consultation would require work with UK Government if progressed).

Question 4

No expenditure has been incurred on the marketing consultation that would fall within the scope of clause 12 of the Scottish Public Finance Manual. Therefore no written authority was required.

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