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General election 2019: Lib Dems and SNP in court over TV debate exclusion General election 2019: Lib Dems and SNP in court over TV debate exclusion
(about 4 hours later)
The High Court is considering separate legal challenges from the Lib Dems and SNP over their exclusion from ITV's general election debate. The views of voters who want to remain in the EU will be excluded if the Lib Dems and SNP are not part of ITV's election debate, a court has heard.
Its head-to-head between Conservative leader Boris Johnson and Labour leader Jeremy Corbyn takes place on Tuesday. Lawyers for both parties told London's High Court that their views on Brexit would not be represented on the show.
But the SNP and Lib Dems say it is unfair not to invite them to take part. The head-to-head between Conservative leader Boris Johnson and Labour leader Jeremy Corbyn is on Tuesday.
The Lib Dems have also sent a legal letter to the BBC over its decision not to include leader Jo Swinson in a debate on 6 December. ITV lawyers told the court the debate would be cancelled if the ruling - due after 16:00 GMT - went against them.
The SNP said it expected the High Court to decide on Monday whether the two legal challenges should be heard together, and a ruling is expected later in the day. An interview with Liberal Democrat leader Jo Swinson, due to follow the head-to-head, would also be pulled, they said.
The Liberal Democrats argue that the Conservatives and Labour are both pro-Brexit parties and it is wrong to exclude "a voice of Remain" - and the only female candidate for prime minister - from the head-to-head debates. Meanwhile, the Lib Dems have sent a legal letter to the BBC over its decision not to include Ms Swinson in a debate on 6 December.
Arriving at the High Court in London, Lib Dem chairman Sal Brinton said ITV's decision not to include Ms Swinson in the TV debate was "weak and shameful". In court, lawyers for the Liberal Democrats argued that Brexit was the "dominant" issue in the 12 December general election and that the "voice of Remain has been excluded" by ITV's decision not to include Ms Swinson.
She said: "No TV executive should have the power to decide which voices are represented to the British people, and no individual should have it dictated to them, who their vote should be between." Guy Vassall-Adams QC said the decision not to include the party was unlawful because it "breaches the duty of impartiality and the requirement to give due weight to a wide range of significant views".
"Jo Swinson's Liberal Democrats are the voice of Remain. The appetite in this country to hear that argument, amassed with the existing support in the UK for remaining in the European Union, is undeniable." "The dominant issue of this election campaign is Brexit, which is on any view a matter of major political controversy and current public policy," he told the court.
Also arriving at court, SNP Westminster leader Ian Blackford said he hoped that "sense prevails". "In the first national TV debate of the campaign it is essential that a wide, balanced range of views on Brexit is represented."
"This is really important because lots of people make their minds up on how they're going to vote in the election campaign based on these debates," he said. He said this had "serious consequences for the fairness of the democratic process".
He said the SNP should be included as it was the third-largest party in Westminster and by membership in the UK, so its "very distinctive voice" should be heard. Mr Vassall-Adams also argued there was evidence that TV debates "are very influential with voters", saying the programme "will attract millions of viewers".
Lawyers for the SNP - which lodged a separate legal challenge last week - said the party represented views, including on Brexit and Scottish independence, that would not be represented in a debate between Labour and the Conservatives.
Philip Coppel QC said: "Prior to 2010 it may have been the case that a debate between the Labour and the Conservative leaders would cover the full range of significant views in a general election.
"That was, arguably, a time when those parties encompassed the spectrum of mainstream political opinion.
"That is no longer the case. In the current, pluralistic political landscape it is simply not possible for a debate which only includes two parties to include 'all significant views'."
ITV lawyers argued there was no basis for alleging any unlawful conduct on the part of the broadcaster.
'Distinctive perspective'
When ITV announced its plans, the channel said it would hold a live interview-based programme alongside the leaders' head-to-head to allow other parties to comment, as well as another multi-party debate ahead of the 12 December poll.When ITV announced its plans, the channel said it would hold a live interview-based programme alongside the leaders' head-to-head to allow other parties to comment, as well as another multi-party debate ahead of the 12 December poll.
The Liberal Democrats have also criticised the BBC's plan for a live head-to-head between Mr Johnson and Mr Corbyn on Friday, 6 December, because Jo Swinson is not taking part. The Liberal Democrats have also criticised the BBC's plan for a live head-to-head between Mr Johnson and Mr Corbyn on Friday, 6 December, because Ms Swinson is not taking part.
The party's lawyers have sent a letter to the BBC's director general Tony Hall, saying the exclusion of Ms Swinson is "clearly unlawful".The party's lawyers have sent a letter to the BBC's director general Tony Hall, saying the exclusion of Ms Swinson is "clearly unlawful".
"It also means that viewers will be denied the opportunity to hear the fresh and distinct perspective that the Liberal Democrats bring on the dominant issue of this election, namely Brexit," the letter said."It also means that viewers will be denied the opportunity to hear the fresh and distinct perspective that the Liberal Democrats bring on the dominant issue of this election, namely Brexit," the letter said.
The BBC declined to comment on the letter.The BBC declined to comment on the letter.
The broadcaster will host the live head-to-head debate between Mr Johnson and Mr Corbyn in Southampton on 6 December, plus a seven-way podium debate between senior figures from the UK's major political parties on 29 November, live from Cardiff.The broadcaster will host the live head-to-head debate between Mr Johnson and Mr Corbyn in Southampton on 6 December, plus a seven-way podium debate between senior figures from the UK's major political parties on 29 November, live from Cardiff.
And BBC Scotland will stage a televised debate between the SNP, Conservatives, Labour and Liberal Democrats on 10 December, although the Scottish Greens have criticised the decision not to include them.And BBC Scotland will stage a televised debate between the SNP, Conservatives, Labour and Liberal Democrats on 10 December, although the Scottish Greens have criticised the decision not to include them.