Feb 26, 2024 2 min read

MU says blocking of Kneecap funding may breach Human Rights Act

Earlier this month UK Business Secretary Kemi Badenoch blocked MEGS funding for Belfast hip hop group Kneecap because of the politics of their music. In a new letter to the minister, Musicians’ Union General Secretary Noami Pohl says that intervention may breach the Human Rights Act

MU says blocking of Kneecap funding may breach Human Rights Act

The Musicians' Union has written to UK Business Secretary Kemi Badenoch to express concern about her decision to block Music Export Growth Scheme funding for Belfast rap group Kneecap because of the politics of their musical output. The minister's intervention could be a breach of the free speech provisions in the Human Rights Act, the union warns, and it sets "a dangerous precedent for the creative output of musicians". 

"Kneecap’s music clearly engages people and any move to block their development as artists may serve to alienate the communities, within the UK, that they speak to or for", MU General Secretary Naomi Pohl writes in her letter to Badenoch. 

Alluding to the hypocrisy of the minister's intervention, she adds, "you have repeatedly and very publicly emphasised the importance of freedom of expression, freedom of association and freedom of speech - all values that the MU and our membership support. We must uphold these values even when someone’s views or political beliefs don’t align with our own". 

MEGS is a government-funded programme to support independent artists and labels pursuing opportunities in new markets. The scheme is managed by record industry trade group BPI and grants are awarded by a panel of industry experts, although their decisions need to be approved by Badenoch's department. 

It emerged earlier this month that the MEGS panel had approved a grant application from Kneecap but it had been blocked by Badenoch, seemingly because of the political messaging of Kneecap's music, the group being very vocal about their support for a united Ireland. A spokesperson for the minister said they did not want to hand taxpayers' money "to people that oppose the United Kingdom itself".

Kneecap themselves have begun legal proceedings against Badenoch and her department, while politicians in Northern Ireland have said that blocking the grant on political grounds might breach the Good Friday Agreement, which was signed as part of the Northern Ireland peace process in 1998.

Citing other legal concerns, Pohl's letter states, "your department’s intervention may be in breach of article ten of the Human Rights Act which protects the right to hold opinions and to express them freely without government interference. This right is fundamental to our democracy, and I urge you to reconsider your decision". 

Commenting on the letter, the MU's Acting Regional Organiser for Scotland and Northern Ireland, Sam Dunkley, says, “It is deeply concerning that a Secretary Of State should see fit to step in and block a grant which had been decided by an expert panel who had the authority to make the decision. It shouldn’t be for the government to decide what art is worthy of funding, what those granted funding should think, or what the subject of their art should be". 

Pohl's letter also notes other concerns regarding moves in the UK that could be negatively impacting on the freedom of expression of musicians, including the recent revision to guidelines from Arts Council England and the ongoing criticism of police for using the creative output of drill artists as evidence in criminal cases. 

"We have seen recent remarks from Arts Council England along similar lines and I am writing to them today as well", she writes. "We have also recently met with the Metropolitan Police to discuss discriminatory actions towards artists in drill music and other black music genres”.

"In the view of the MU", she then concludes, "your department’s intervention in the MEGS decision making process on this occasion was a blatant form of censorship and has overstepped the mark. I would welcome the opportunity to meet with you to discuss this".

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