Kneecap wins discrimination case against Badenoch decision

Earlier this year then Business and Trade Secretary (and present-day Conservative Party leader and leader of the opposition Kemi Badenoch) pulled a funding award for Kneecap with a spokesperson for Badenoch at the time saying “it was “hardly surprising” that it had intervened, given that the group was “opposed to the United Kingdom”.  However, BPI said it was “disappointed” that ministers had overturned the decision of its independent selection board.” Kneecap promptly launched a legal action alleging discrimination and this morning they have prevailed with the current Labour government deciding not contest the challenge.

As the BBC have put it in their article

“The decision, taken when the now Conservative leader was business and trade minister, was described in court by Kneecap’s barrister as “unlawful and procedurally unfair”. The group was awarded £14,250 – the same amount they were initially granted. In a statement, the band said Badenoch and her department had “tried to silence us and they have failed”. The band said it would split the £14,250 equally between two youth organisations who work with Protestant and Catholic communities in Northern Ireland “to create a better future for our young people”. A spokesperson for the department said the decision was made not to continue contesting the band’s challenge as “we do not believe it is in the public interest”. They added: “This government’s priority is to try to reduce costs and help protect the taxpayer from further expense.”

Whilst Kneecap is clearly not to everyone’s taste, the decision to pull funding based on their political position did seem at the time (even to us non-legal folk) to have been a highly contestable position that would be difficult to defend in court. Michael Hann in a Spectator article profiling the band described the case as follows

“Kemi Badenoch (as business secretary) refused them a £15,000 grant to help them tour, on the grounds that the British state should not be aiding those who despise it. That seemed to be a faintly pointless gesture, given that Northern Ireland Screen and the National Lottery had already spent nearly £1.6 million on helping get a sort-of biopic of them made. Kneecap are part hip-hop group, part political statement, part druggy city kids and part comedy act. It’s also exactly the response they wanted – they sued, claiming Badenoch had breached the Good Friday Agreement. Kneecap are provocateurs, not terrorists”.

Something positive has come out of the case however…

“Kneecap have said it will split the money awarded to them between two Belfast charities, Glór Na Móna in Ballymurphy and RCity Belfast on the Shankill Road. Sarah Jane Waite, director of RCity Belfast, expressed the charity’s thanks for the “generosity and support from Kneecap”. She said the donation will be used toward a number of projects, including both local and international programmes. Meanwhile, Conchúr Ó Muadaigh, chairperson of Glór na Móna, said the support of Kneecap would have a “lasting on our work with young people and the Irish language revival here in west Belfast”.

Perhaps in a way everyone won this one. Badenock buttressed her CV for the Tory leadership battle she ultimately won, Kneecap got to rail against the supposed iniquities of the British government and two local charities are better off than they were yesterday. A happy ending all round then..?

Slugger Team

Our mod team uses this account to share quick posts and relevant links. Content here should not be interpreted as Slugger’s editorial position. Slugger welcomes all views and does not take editorial positions on issues.