Hip-hop group Irish Kneecap were unlawfully denied a funding award of nearly £15,000 by the previous Conservative Government, a High Court judge declared today.
Mr Justice Scoffield confirmed the decision to block the grant to the Irish language west Belfast rappers was procedurally unfair and took into account immaterial considerations.
He also ordered a Westminster Department to make an ex-gratia payment of £14,250 to the band.
The outcome represents a victory in Kneecap’s legal action over claims that Kemi Badenoch, the UK Business Secretary at the time, refused the funding because of their political views.
“What they did was a fascist-type action, attempting to block art that does not agree with their views,” the group claimed following the agreed settlement.
“Their own court has now found in Kneecap’s favour, as we knew they would. They have tried to silence us and they have failed.”
Kneecap announced that they will be donating all of the money, split equally between two youth organisations operating in nationalist and unionist areas of the city.
In December last year the controversial and critically acclaimed group sought funding for a Music Export Growth Scheme (MEGS) grant allocated to support the expansion of UK-registered artists in global markets.
Their application was initially shortlisted and approved by a British Phonographic Industry (BPI) panel.
However, the initiative is overseen by the Department for Business and Trade and the Department for Culture, Media and Sport at Westminster.
A judicial review challenge was launched after Ms Badenoch decided to refuse the £14,250 funding.
Kneecap claimed a provocative poster for their 2019 “Farewell to the Union” tour had angered the Conservative Party.
At the time a Government spokesperson insisted it fully supports freedom of speech, but added it was “hardly surprising” that it did not want to hand out UK taxpayers’ money to those opposed to the United Kingdom.
The BPI expressed disappointment at the blocking of the grant.
Stressing the importance of artistic freedom of expression, the body made clear it was the Government’s decision to decline Kneecap’s application.
Lawyers for the group contended that Ms Badenoch abused her power for an unlawful purpose.
They contended that her decision discriminated against Kneecap on grounds of religious belief or political opinion, as well as racial grounds of nationality and ethnic origin.
In court today their barrister, Ronan Lavery KC, said it was now agreed that the decision was “unlawful, procedurally unfair, took into account immaterial considerations and failed to take into account relevant factors”.
Mr Justice Scoffield commended both sides for resolving the case.
“I have seen the draft order and I am happy to give effect to that,” he said.
“I’m not sure there’s much else in which (Kneecap) are in agreement with His Majesty’s Government.
Jubilant band member DJ Provai, who formed the group with Mo Chara and Moglai Bap, arrived at the Royal Courts of Justice for the outcome in their customised fake PSNI Land Rover.
“We have been vindicated that this decision was unlawful,” he said.
The rappers insisted their court battle was motivated by equality rather than the amount of funding involved.
“For us this action was never about £14,250, it could have been 50 pence,” a statement issued afterwards said.
“This was an attack on artistic culture, an attack on the Good Friday Agreement itself and an attack on Kneecap and our way of expressing ourselves.”
The group claimed the previous government had broken their own laws in trying to silence them because of their opposition to British rule.
“The reason for this was they didn’t like our art, in particular our beautiful 2019 tour poster of Boris Johnson on a rocket,” they added.
“They didn’t like our views, in particular our opposition to the United Kingdom itself and our belief in a united Ireland which is our right to do.
They didn’t like the fact that we are totally opposed to all they represent, embodied right now by their arming of genocide in Gaza.”
Kneecap confirmed the full ex-gratia payment will be sent to two youth organisations in Belfast who work with both communities – £7,125 going to Glór Na Móna in the Ballymurphy district and RCity Belfast on the Shankill Road receiving the same amount.
Solicitor Darragh Mackin of Phoenix Law, who represented the band, said: “Today is not only a victory for Kneecap, but a victory for the arts, for culture, for the freedom of expression.
“Kneecap continues to lead by example in practicing what they preach.
“Not only do they sing about CEARTA (rights), but today they have shown they will even hold the British Government itself to account to protect them.”
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