Irish language rap trio Kneecap have won their discrimination challenge over a decision by former business secretary Kemi Badenoch to refuse them a £14,250 funding award after the UK Government conceded it was “unlawful”.
The outspoken band had launched legal action claiming the decision to refuse the grant discriminated against them on grounds of nationality and political opinion.
However, Mrs Badenoch has attacked the Government for agreeing to settle the case, accusing it of a “cowardly decision”.
During a brief hearing at Belfast High Court on Friday, Mr Justice Scoffield said he was glad that the two sides in the case had reached agreement.
Reading an agreed statement into the record, barrister for Kneecap Ronan Lavery KC said: “It is declared that the decision is unlawful, procedurally unfair, took into account immaterial considerations and failed to take into account relevant factors.”
It was agreed that the sum of £14,250 would be paid by the Government to the group.
The west Belfast hip-hop artists had applied for a grant allocated to support UK-registered artists in global markets.
Their application to the Music Export Growth Scheme had been approved by the British Phonographic Industry (BPI).
However, the grant scheme is overseen by the Department for Business and Trade and the Department for Culture, Media and Sport at Westminster, and the then UK business secretary Mrs Badenoch, who is now the Conservative Party leader, decided to refuse the funding in February.
At the time, a government spokesperson said it fully supported freedom of speech, but that it was “hardly surprising” that it did not want to hand out UK taxpayers’ money to those opposed to the United Kingdom.
Kneecap, formed in 2017 by three friends who perform under the stage names Mo Chara, Moglai Bap and DJ Provai, openly court controversy with their provocative lyrics and merchandise.
The group had said their views in favour of Irish unity, and particularly a provocative poster for their 2019 “Farewell to the Union” tour, had angered the Conservative Party.
Band member DJ Provai arrived at court on Friday in an old Land Rover, styled to look like a police vehicle, which was bearing the Irish tricolour and Palestinian flags and blaring loud music.
He was wearing his usual Irish tricolour balaclava, which he removed to enter the court building.
After the agreement was read, barrister Mr Lavery said he was sorry he could not read it in Irish, to which Mr Justice Scoffield replied: “Go raibh maith agat”, which means “thank you” in Irish.
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 band said it would donate the grant to two youth organisations in Belfast – one from a nationalist and one from a unionist area.
Speaking outside court afterwards, DJ Provai said: “For us, this action was never about £14,250; it could have been 50p.
“The motivation was equality.
“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.”
He added: “The former secretary of state Kemi Badenoch and her department acted unlawfully; this is now a fact.
“They don’t like that we oppose British rule, that we don’t believe that England serves anyone in Ireland and the working classes on both sides of the community deserve better; deserve funding, deserve appropriate mental health services, deserve to celebrate music and art and deserve the freedom to express our culture.
“They broke their own laws in trying to silence Kneecap.”
He added: “They have tried to silence us and they have failed.”
Asked what his message was for Mrs Badenoch, DJ Provai said: “Good effort Kemi, hard lines in the elections. Onwards and upwards.”
Labour will always capitulate rather than defend UK interests
Responding to the court agreement, a spokesman for Mrs Badenoch said: “It is unbelievable Labour have chosen not to pursue this case – yet another cowardly decision after giving away the Chagos Islands.
“Labour will always capitulate rather than defend UK interests.
“This case is not about whether a band promotes violence or hates the UK, as Kneecap clearly do; this is about whether government ministers have the ability to stop taxpayers’ money subsidising people who neither need nor deserve it.”
The spokesman said the Government would “rather waste your money” that stand up to a band “who go to court because the UK government won’t hand them cash”.
Kneecap’s lawyer, Darragh Mackin from Phoenix Law, said the unlawfulness of the decision in February by the government was as “clear as the nose on your face”.
He added: “A court has exonerated our clients and declared this decision unlawful in every sense of the word.
“Today is not only a victory for Kneecap but a victory for the arts, for culture, for the freedom of expression.
“Kneecap continue to lead by example in practising what they preach.”
DJ Provai posed for photographs outside the court while waving cash after the short hearing before going back to the Land Rover, where a small crowd had gathered, and was driven off.
A statement from the Department for Business and Trade said: “This Government’s priority is to try and reduce costs and help protect the taxpayer from further expense, so we will not continue to contest Kneecap’s challenge as we do not believe it in the public interest.
“The music industry is the heart and soul of our economy and are committed to helping acts continue to thrive and break into new markets, including through our MEGS programme – which has helped around 400 artists tour the globe.”
