Judge permits musicians hearing over Badenoch grant block

Belfast rap trio Kneecap have been permitted to seek a judicial review into claims that the UK government blocked a British Phonographic Industry (BPI) approved funding award for the group because of their nationality and political beliefs.

The band allege that their application to the taxpayer-funded Music Export Growth Scheme (MEGS) for a £15,000 grant to support a North American tour was approved last year before being “blocked directly by the British Government."

After the decision was made public, a spokesperson for Business and Trade Secretary Kemi Badenoch, whose department oversees the funding, said it was “hardly surprising” that it had intervened, given that the group was "opposed to the United Kingdom."  

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Lawyers for the group argue that Badenoch unlawfully abused her power.

After the hearing, band member DJ Próvaí, who was in court, claimed Badenoch had “overreached” by denying the grant.

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

Solicitor Darragh Mackin contended that Badenoch’s decision was an attack on identity, freedom of expression and the fundamentals of the Good Friday Agreement.

“The underpinning discrimination is hiding in plain sight,” he alleged.

“The Secretary of State has now conceded that she has a case to answer, and we welcome the court’s indication that this case will be heard early in the new term.”

Mr Justice Scoffield listed the case for a full hearing in November after the group completes a US tour. 

Scoffield added that although he was granting leave to apply for a judicial review, this had no bearing on the ultimate strengths of the case.

'Censorship' 

Kneecap claims the veto of their MEGS grant was due to a Conservative minister objecting to a poster for their 2019 Farewell to the Union tour featuring cartoons of Boris Johnson and Arlene Foster tied to a rocket. The group are known for politically-charged lyrics and using controversial Troubles-related imagery.

MEGS, administered by the BPI and jointly funded by the Department for Business and Trade (DBT), the Department for Culture, Media & Sport (DCMS), and industry partners, offers grants to small—and medium-sized independent music companies to support British artists' careers in international markets.

After it was revealed that Kneecap would not be a recipient of the fund, BPI said it was “disappointed” that ministers had overturned the decision of its independent selection board.