SNP and Lib Dems’ debate case dismissed by judges

The Liberal Democrats and SNP have lost a High Court challenge against ITV over its decision to exclude their party leaders from a televised election debate.

A head-to-head debate between Boris Johnson and Jeremy Corbyn is due to air tonight, which will exclude any other party leaders.

The Lib Dems and the SNP contested the broadcaster’s decision at a hearing in London yesterday, arguing it was unlawful because it breached impartiality rules.

But two leading judges ruled the decision was not open to challenge in the courts and the parties could only complain to Ofcom.

Lord Justice Davis, sitting with Mr Justice Warby, said that, even if the court did have jurisdiction to deal with the case, the format of the debates was a matter of “editorial judgment” and there was “no arguable breach of the Broadcasting Code”.

ITV lawyers told the court the debate – and an interview with Lib Dem leader Jo Swinson due to follow it – would have been pulled if the judges had found ITV breached its duties under the code.

Lawyers for the Lib Dems had argued that Brexit is the “dominant” issue of the general election and “the voice of Remain has been excluded” by ITV’s failure to include Ms Swinson.

Lawyers for the SNP said the party represents a range of views which would not be represented in a debate between Labour and the Conservatives, including on Brexit and Scottish independence.

Speaking after the ruling, Liberal Democrat president Sal Brinton said: “Our democracy should not be in the hands of invisible corporate structures, and arrangements for such debates should always be accessible and transparent.”

The SNP’s leader in Westminster, Ian Blackford, said the ruling treated Scots as “second-class citizens”.

First Minister Nicola Sturgeon