Republican rap group Kneecap get green light to challenge government block on £15,000 funding award

The Irish-speaking hip-hop trio were granted leave to seek a judicial review into claims that denying the grant unlawfully discriminates against them on grounds of nationality and political opinion.

A judge agreed to list the case for a full hearing in November, after the group returns from a series of gigs in the United States.

Outside court, band member DJ Provai insisted the legal action was not about the money.

“Fifteen grand wouldn’t pay for the bar tab in America,” he said.

“This is an attack on artistic culture, an attack on the Good Friday Agreement and an attack on us and our way of expressing ourselves.”

In December last year Kneecap sought funding for a Music Export Growth Scheme (MEGS) grant allocated to support the expansion of UK-registered artists in global markets.

The controversial rappers’ application was said to have been shortlisted and approved by a British Phonographic Industry (BPI) panel.

However, the initiative is overseen by the Department for Business and Trade and the Department for Culture, Media and Sport at Westminster.

Judicial review proceedings were issued after UK Business Secretary Kemi Badenoch decided to refuse the funding.

Kneecap claimed that a provocative poster for their 2019 ‘Farewell to the Union’ tour had angered the Conservative Party.

At the time a government spokesperson insisted it fully supports freedom of speech, but said it was “hardly surprising” that it did not want to hand out UK taxpayers' money to those opposed to the United Kingdom.

The BPI expressed disappointment over the blocking of the grant.

Stressing the importance of artistic freedom of expression, the body made clear it was the government's decision to decline Kneecap’s application.

Lawyers for the group contend that Ms Badenoch abused her power for an unlawful purpose.

Papers issued as part of the case claim her decision discriminates against Kneecap on grounds of religious belief or political opinion, as well as racial grounds of nationality and ethnic origin.

In court today their barrister, Ronan Lavery KC, announced it has been conceded there are arguable grounds of challenge.

“It’s a shame I wasn’t able to say that in Irish,” he added.

Based on the agreed position reached between the two sides, Mr Justice Scoffield confirmed that he was granting leave to apply for a judicial review.

“That doesn’t say anything in particular about the ultimate strengths of the case,” the judge emphasised.

“I think there are some grounds in this case which are stronger than others.”

DJ Provai, who formed Kneecap with friends Mo Chara and Moglai Bap, was the only member of the trio who attended court.

Following the hearing he claimed Ms Badenoch had “overreached” by stepping in to deny the grant.

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

Kneecap’s solicitor, Darragh Mackin of Phoenix Law, claimed Ms 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.”