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| General election 2019: Lib Dems and SNP lose ITV debate legal challenge | General election 2019: Lib Dems and SNP lose ITV debate legal challenge |
| (32 minutes later) | |
| The Lib Dems and SNP have lost their legal challenge to be included in an ITV head-to-head debate ahead of the general election on 12 December. | The Lib Dems and SNP have lost their legal challenge to be included in an ITV head-to-head debate ahead of the general election on 12 December. |
| The channel is due to air a face-off between Tory leader Boris Johnson and Labour's Jeremy Corbyn on Tuesday. | The channel is due to air a face-off between Tory leader Boris Johnson and Labour's Jeremy Corbyn on Tuesday. |
| The Lib Dems said they wanted their pro-Remain stance to be represented, while the SNP also wanted the issue of Scottish independence to be raised. | The Lib Dems said they wanted their pro-Remain stance to be represented, while the SNP also wanted the issue of Scottish independence to be raised. |
| But judges ruled there was "no arguable breach of the Broadcasting Code". | But judges ruled there was "no arguable breach of the Broadcasting Code". |
| In the High Court in London, Lord Justice Davis and Mr Justice Warby said the case was not suitable for judicial review as ITV was not carrying out a "public function" in law by holding the debate. | In the High Court in London, Lord Justice Davis and Mr Justice Warby said the case was not suitable for judicial review as ITV was not carrying out a "public function" in law by holding the debate. |
| However, the parties had the right to complain to Ofcom about the programme after it had been broadcast, they said. | However, the parties had the right to complain to Ofcom about the programme after it had been broadcast, they said. |
| Lord Justice Davis said: "The clear conclusion of both members of this court is that, viewed overall, these claims are not realistically arguable." | Lord Justice Davis said: "The clear conclusion of both members of this court is that, viewed overall, these claims are not realistically arguable." |
| But Lib Dem education spokeswoman Layla Moran tweeted "the fight must continue", adding: "It is outrageous that the Remain voice is missing from the ITV debate. | But Lib Dem education spokeswoman Layla Moran tweeted "the fight must continue", adding: "It is outrageous that the Remain voice is missing from the ITV debate. |
| "It's simply wrong of broadcasters to present a binary choice and pre-empt the decision of the people in a general election." | "It's simply wrong of broadcasters to present a binary choice and pre-empt the decision of the people in a general election." |
| The SNP's Westminster leader, Ian Blackford, also condemned the decision, saying it "discriminated against Scottish voters" and "treated them as second-class citizens". | The SNP's Westminster leader, Ian Blackford, also condemned the decision, saying it "discriminated against Scottish voters" and "treated them as second-class citizens". |
| He added: "That is, quite simply, a democratic disgrace, and the fact that election law and broadcasting codes allow such gross unfairness is unacceptable." | He added: "That is, quite simply, a democratic disgrace, and the fact that election law and broadcasting codes allow such gross unfairness is unacceptable." |
| And he called for Mr Johnson and Mr Corbyn to commit to take part in an all-party debate on 1 December, rather than sending other senior figures from their respective parties. | |
| A case of editorial judgement | A case of editorial judgement |
| Analysis by Tom Symonds, BBC home affairs correspondent | Analysis by Tom Symonds, BBC home affairs correspondent |
| It took the two judges just a matter of 10 or 15 minutes to reach a decision about the claim that the Lib Dems and SNP should be allowed access to the head-to-head debate. | It took the two judges just a matter of 10 or 15 minutes to reach a decision about the claim that the Lib Dems and SNP should be allowed access to the head-to-head debate. |
| The judges came back and said they would not agree to that and effectively refused to even hear the judicial review. | The judges came back and said they would not agree to that and effectively refused to even hear the judicial review. |
| Their legal argument was that ITV was not exercising a public function as it is a private broadcaster - albeit regulated - therefore could not be subject to judicial review. | Their legal argument was that ITV was not exercising a public function as it is a private broadcaster - albeit regulated - therefore could not be subject to judicial review. |
| They also said if the two parties had a complaint about the programme, they had a way of complaining and that was to the regulator Ofcom - but that can only be done after the programme is broadcast | They also said if the two parties had a complaint about the programme, they had a way of complaining and that was to the regulator Ofcom - but that can only be done after the programme is broadcast |
| However, the judges said an important part of their decision was the editorial judgment made by ITV was not irrational and perverse. | However, the judges said an important part of their decision was the editorial judgment made by ITV was not irrational and perverse. |
| They did not want as judges to get in the way of an editorial matter for a major broadcaster. | They did not want as judges to get in the way of an editorial matter for a major broadcaster. |
| So the application from the parties is rejected and the debate goes ahead. | So the application from the parties is rejected and the debate goes ahead. |
| But the Lib Dems still have big problems with this court decision, and say they they are going to take a closer look before deciding what to do next. | But the Lib Dems still have big problems with this court decision, and say they they are going to take a closer look before deciding what to do next. |
| The BBC will also host a live head-to-head debate between the Conservative and Labour leaders 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 BBC will also host a live head-to-head debate between the Conservative and Labour leaders 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 Lib Dems have sent a legal letter to the BBC over its decision not to include Ms Swinson in the head-to-head. | The Lib Dems have sent a legal letter to the BBC over its decision not to include Ms Swinson in the head-to-head. |
| 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. | 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. |