When John Swinney announced his draft budget last year he didn’t have many rabbits to pull out of the hat, but he did manage to pull a chicken from the shopping trolley. The announcement that an extra charge would be levied on companies with a rateable value greater than £750k seemed to come as something of a surprise to the public and to the retail industry. It wasn’t long before it was dubbed the ‘Tesco Tax’ and formed one of the main dividing lines between the Government and opposition parties.

For me, trying to balance Scotland’s economy and maximise jobs in these tough times means that those with the deepest pockets need to pay a bit more. This could mean higher income tax rates for top earners, a super-tax for energy companies that make super-profits and targetting companies like House of Fraser, Asda and Tesco, the latter of which makes £6k profit a minute. Of course, the Scottish Government only has powers to implement one of the above so it is little surprise that the Finance Secretary has taken this option.

However, like so many last ditch challenges, the legality of the situation has been called into question.

The challenge seems to be that a Government cannot employ favouritism in the system. That is, the SNP cannot penalise the larger companies without equally penalising the smaller companies. I can’t say I fully understand this problem in light of arrangements that already exist in the system.

The scrapping of rates for small business in Scotland is a prime example of ‘favouritism’ and, working the other way, so too are Westminster’s plans to make rich students in England and Wales pay much higher fees than other students. Replace Hooray Henry for Tesco and you’ve got the same situation. I don’t see how the Tesco Tax can flout EU rules if the two-tier tuition fees don’t.

But how can one comment on the suggestion that a Government policy breaks an EU law and how can clarity be assured before a vote takes place on the matter? You probably can’t but opposition parties still have the ideal fodder to hide behind if they want to vote against (remember minimum pricing and Local Income Tax were both vaguely mooted as breaking EU rules before being voted down)

At the end of the day though, this aim to raise £30m from the 0.1% richest companies surely won’t be seen as a losing approach for the Scottish Government and opposition parties will find themselves in a difficult position of backing large, profitable companies while still claiming to be on the side of those who are struggling.

An EU legal ruling may help to save their bacon and, well, every little helps but progress needs to be made this week if a decent budget is to be passed by Parliament.