Courts

Belfast rap group granted leave to seek judicial review over decision to block funding award

Hip-hop trio Kneecap claim Kemi Badenoch’s denial of £15,000 grant unlawfully discriminates against them on grounds of nationality and political opinion

Kneecap members Móglaí Bap, DJ Próvaí and Mo Chara: 'This is an attack on artistic culture, an attack on the Good Friday [Belfast] Agreement and an attack on us and our way of expressing ourselves,' says Provaí of funding decision. Photograph: Michael Loccisano/Getty

Alan Erwin
Thu Jun 20 2024 - 17:57

Belfast rap group Kneecap has secured High Court permission to challenge the UK government’s decision to block them from receiving a £15,000 (€17,700) funding award.

The Irish-speaking hip-hop trio were granted leave to seek a judicial review into claims that denying the grant unlawfully discriminates against them on grounds of nationality and political opinion.

A judge agreed to list the case for a full hearing in November.

Outside court, band member DJ Próvaí insisted the legal action was not about the money.

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“Fifteen grand wouldn’t pay for the bar tab in America,” he said.

[ Kneecap sue the UK Secretary of State. This is going to be entertaining ]

“This is an attack on artistic culture, an attack on the Good Friday [Belfast] Agreement and an attack on us and our way of expressing ourselves.”

In December last year, Kneecap sought a Music Export Growth Scheme (MEGS) grant allocated to support the expansion of UK-registered artists in global markets.

The controversial rappers’ application was said to have been 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.

Judicial review proceedings were issued after UK business secretary Kemi Badenoch decided to refuse the funding.

Kneecap claimed that a provocative poster for their 2019 “Farewell to the Union” tour had angered the Conservative Party.

At the time, a UK government spokesperson insisted it fully supported freedom of speech but said it was “hardly surprising” that it did not want to hand out UK taxpayers’ money to those opposed to the United Kingdom.

[ Belfast rappers Kneecap accuse UK government of trying to ‘silence’ them by blocking funding ]

The BPI expressed disappointment over the blocking of the grant.

Lawyers for the group contend that Ms Badenoch abused her power for an unlawful purpose. Papers issued as part of the case claim her decision discriminates against Kneecap on grounds of religious belief or political opinion, as well as racial grounds of nationality and ethnic origin.

In court on Thursday, their barrister, Ronan Lavery KC, announced it had been conceded there were arguable grounds of challenge.

Based on the agreed position reached between the two sides, Mr Justice Scoffield confirmed that he was granting leave to apply for a judicial review.

DJ Próvaí, who formed Kneecap with friends Mo Chara and Móglaí Bap, was the only member of the trio who attended court.

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Following the hearing, he claimed Ms Badenoch had “overreached” by stepping in to deny the grant.

He stated: “We are paying taxes and surely we have a right to the benefit of those taxes, regardless of our political beliefs.”

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