Remainers complain in court they are being ‘excluded’ from live TV election debate

Remainers complained today that their views will not be represented by an election broadcast tomorrow night features only Boris Johnson and Jeremy Corbyn 

ITV is hosting a head-to-head showdown between the Conservative and Labour leaders but it will not include any other parties.

The decision not to invite Jo Swinson and Nicola Sturgeon has prompted Lib Dem and SNP fury and the two parties took their fight to get on TV to the High Court this afternoon.

Lawyers for the Lib Dems argued that Brexit is the ‘dominant’ issue in next months’ general election and that ‘the voice of Remain has been excluded’ by ITV’s failure to include the party’s leader Jo Swinson in the main debate.

Guy Vassall-Adams QC said the broadcaster’s decision not to include the Lib Dems was unlawful because it ‘breaches the duty of impartiality and the requirement to give due weight to a wide range of significant views’.

He told the court: ‘The dominant issue of this election campaign is Brexit, which is on any view a matter of major political controversy and current public policy.

‘In the first national TV debate of the campaign it is essential that a wide, balanced range of views on Brexit is represented.

‘But the only invitees are supporters of Leave, with the Conservatives advocating leave and Labour proposing to negotiate its own deal to leave.

‘The views of millions of Remain-supporting voters, regardless of party affiliation, will not be represented in the debate.   

ITV lawyers told the court the debate – and an interview with Lib Dem leader Jo Swinson due to follow it – will be pulled from its schedule altogether if the two judges hearing the case find ITV has breached its duties under the Broadcasting Code.

Jo Swinson, pictured in London on November 16, is furious after she was excluded from an ITV election debate

The Lib Dems have launched a PR campaign to try to get Ms Swinson included in the debate. The party's 'Debate Her' van is pictured outside the Royal Courts of Justice this morning

The Lib Dems have launched a PR campaign to try to get Ms Swinson included in the debate. The party’s ‘Debate Her’ van is pictured outside the Royal Courts of Justice this morning

Nicola Sturgeon, pictured on the campaign trail in Glasgow on November 17, has also been excluded from the ITV debate. The Lib Dems and SNP are challenging the broadcaster's decision in the High Court

Nicola Sturgeon, pictured on the campaign trail in Glasgow on November 17, has also been excluded from the ITV debate. The Lib Dems and SNP are challenging the broadcaster’s decision in the High Court

Lib Dem representatives lodged papers at the court in London last week and said it was ‘vital for our democracy’ to have both sides of the Brexit debate included in TV debates during the election campaign. 

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.

Philip Coppel QC said: ‘Prior to 2010 it may have been the case that a debate between the Labour and the Conservative leaders would cover the full range of significant views in a general election.

‘That was, arguably, a time when those parties encompassed the spectrum of mainstream political opinion.

‘That is no longer the case. In the current, pluralistic political landscape it is simply not possible for a debate which only includes two parties to include ‘all significant views’.’

ITV lawyers contend its decision is not capable of challenge in the courts and that, in any event, there is no basis for alleging any unlawful conduct on its part.

Speaking outside the Royal Courts of Justice, party president Sal Brinton said: ‘General elections are about people’s democratic choices.

‘The TV debates offer the only chance for people to see how leaders compare to each other directly, in a neutral, equal and balanced format.

‘For many people, this is the moment they decide how they will vote.

‘Right now, most voters see Brexit as the single biggest issue for the country and the central issue for this election.

‘And people know more about where they stand on Brexit than which party they will vote for.

‘So it is vital for our democracy to have both sides of the Brexit debate represented at the top table of the leaders’ debates.’

Scottish First Minister Ms Sturgeon said last week that it is ‘fundamentally unfair’ for other parties to be cut out of the debate.

She said: ‘This election may be the most important of our lifetimes. It is quite simply unacceptable for the SNP and other parties to be cut out of proposed leaders’ debates by broadcasters.

‘This is fundamentally unfair and it fails to recognise that the UK is no longer a two-party state.

‘And in Scotland, this would not be a debate between the two leading parties – instead it would ignore the country’s largest party, which according to the latest polls is also on track to win the third largest number of seats UK-wide.

‘By contrast, the latest polls show Labour in fourth place in Scotland.’

Sky News has proposed a November 28 date for its own debate between Mr Johnson, Mr Corbyn and Ms Swinson. 

ITV's proposed debate for tomorrow evening will see Boris Johnson and Jeremy Corbyn go head-to-head. The two leaders are pictured attending a Remembrance Sunday service in Whitehall on November 10

ITV’s proposed debate for tomorrow evening will see Boris Johnson and Jeremy Corbyn go head-to-head. The two leaders are pictured attending a Remembrance Sunday service in Whitehall on November 10

But it is unclear whether the Tories and Labour will agree to the suggested format because it would harm their efforts to pitch the election as a two-horse race.

Meanwhile, the BBC will host a head-to-head between Mr Corbyn and Mr Johnson on December 6. 

The broadcaster has also scheduled a seven way debate for leaders and senior figures from the main parties on November 29. 

It is unclear whether Mr Corbyn and Mr Johnson will take part in that event or if they will send stand-ins.

The BBC is also hosting a series of Question Time-style programmes with the party leaders. Each will get 30 minutes to answer audience questions.

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