LAST UPDATE | 9 Feb
RAP GROUP KNEECAP have launched a legal challenge against a British government decision to block them from a UK-wide funding scheme for music artists.
The Belfast trio are all Irish speakers and rap mostly in Irish.
Belfast-based Phoenix Law today said it has been instructed by Kneecap and that legal proceedings will follow.
Phoenix Law added that its lawyer Darragh Mackin, who specialises in human rights law, will be acting alongside Derry GAA legend and barrister Joe Brolly.
We have been instructed by @KNEECAPCEOL in respect of the recent decision by the Sec of State. She has today been put on notice that her decision is unlawful, and legal proceedings will follow. Our @darraghmackin is instructed acting with @JoeBrolly1993 & Mr Ronan Lavery KC.
— Phoenix Law Belfast (@PhoenixLawHR) February 9, 2024
The issue revolves around the Music Export Growth Scheme (Megs), which is jointly-funded by the British Phonographic Industry and the UK government.
The UK government’s Department for Business and Trade and the Department for Culture, Media and Sport oversees the scheme.
In the latest round of funding, 67 artists received financial support totalling £1.6 million (€1.9m).
Kneecap said yesterday that while its application to the scheme was “approved and signed off” by an independent selection board, it was later “blocked directly” by the British government who “overruled” the independent board.
It’s understood Kneecap would have been eligible for around £15,000 (€17,570).
KNEECAP STATEMENT
— KNEECAP (@KNEECAPCEOL) February 8, 2024
We’ve been blocked from receiving significant music funding because a Tory Minister doesn’t like our art.
F*ck the Tories pic.twitter.com/xWWUdGNj5l
Kemi Badenoch is the UK Secretary of State for Business and Trade.
A spokesperson for Badenoch yesterday told The Journal: “We fully support freedom of speech, but it’s hardly surprising that we don’t want to hand out UK taxpayers’ money to people that oppose the United Kingdom itself.”
In a post on X, Phoenix Law stated that “in respect of the recent decision by the Sec of State (Badenoch), she has today been put on notice that her decision is unlawful, and legal proceedings will follow”.
The Phoenix Law statement added: “Our Darragh Mackin is instructed acting with Joe Brolly and Mr Ronan Lavery KC.”
The issue was also raised today by SDLP leader and MP for Foyle Colum Eastwood.
Eastwood said he today “submitted Parliamentary Questions about the decision to defund artists in the North on the basis of their constitutional aspirations”.
He said it is “highly irregular for a Secretary of State to intervene to overturn the decision of an independent assessment board to award funding to an artist on the basis of their political aspirations”.
He added: “It would be unacceptable if the British Government had instituted a policy of defunding groups because they support Irish Unity, Scottish Independence, Welsh Independence or any other change to the constitutional status quo.”
Eastwood also claimed that the decision may “represent a breach of the British Government’s obligations under the treaty signed after the Good Friday Agreement”.
“Art is meant to be challenging,” added Eastwood. “You don’t have to agree with an artist or group to understand the importance of funding creators who challenge the status quo and the establishment.
“If there has been a change of funding policy to make that more difficult then Kemi Badenoch needs to come clean about it.”
The British Phonographic Industry said in a statement to the PA news agency that it was disappointed the UK government did not approve the grant to Kneecap.
The statement said: “As the delivery partner on behalf of the UK music industry, the BPI is disappointed at the Government’s decision not to approve a grant to the band Kneecap after our independent selection board had voted for it.
“The public funding element of the scheme makes it appropriate for colleagues in Government to have a say on any grants awarded by the Megs Board, and it has been their decision alone to decline the application made by Kneecap’s representatives.
“While it is for Government to speak to its rationale for making this particular decision, we firmly believe in the importance of freedom of expression, including artistic expression, and look forward to discussing further with Government how any decisions involving potentially controversial matters will be handled in future.”
Kneecap has gained acclaim for their blend of Irish and English rap about the realities of growing up in post-Troubles Belfast.
Last month, a film dramatising its rise to fame – and starring Michael Fassbender – became the first Irish language film ever to premiere at the Sundance Film Festival and later won an Audience Award.
-With additional reporting from Eoghan Dalton and Press Association
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