BBC denies debate exclusion 'unfair'

The BBC last night denied claims by Scottish Nationalists that the final prime ministerial debate is "inherently unfair".

SNP leaders, who are furious at being excluded from the live clashes, have mounted a last-ditch legal challenge ahead of tomorrow night's TV debate.

At the same time, the UK Independence Party has also threatened legal action if the BBC does not allow it to take part in the programme.

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Party leader Lord Pearson of Rannoch has written to BBC Director-General Mark Thompson, arguing that the corporation is breaching its election coverage guidelines by refusing to allow Ukip equal footing with Labour, Tories and the Liberal Democrats.

And he said that, if the BBC did not change its mind, Ukip would apply to the courts for a judicial review of the decision and for an injunction in order to allow it to take part in the show.

He spoke out after SNP leaders lodged papers at the Court of Session in Edinburgh contesting the BBC's decision not to include them.

Court papers say the party is seeking an interim interdict against the BBC broadcasting the leaders' debate in Scotland if it does not feature the SNP.

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Lawyers for both the Scottish Nationalists and the broadcaster argued their case in front of judge Lady Smith, with Mungo Bovey QC for the SNP telling her: "The criteria used to justify the exclusion of the petitioners from the debate are unreasonable and discriminatory."

While the lawyer pointed out that the SNP was represented on other programmes, such as the Scottish election debates and Question Time, he added that the other three main UK parties were involved in those as well.

The BBC later argued that the SNP's demands were "impractical" and "ultimately pointless".

Lawyer Gerry Moynihan QC argued that the SNP had failed to take into account that, as well as being shown on BBC1, the debate will also be on the radio, the internet and Sky.