Scottish voters being treated like ‘second-class citizens’ after court rules SNP and Lib Dems can be excluded from election debate

Scottish voters were being treated like "second-class citizens", SNP Westminster leader Ian Blackford has said, after the SNP and Liberal Democrats failed in a legal bid to force ITV to include them in a televised election debate.

Senior judges at the High Court ruled the decision to exclude Liberal Democrat leader Jo Swinson and First Minister Nicola Sturgeon from the prime-time clash on Tuesday night was lawful because there was "no arguable breach" of the broadcast code.

ITV had warned it would pull the debate, which will feature Boris Johnson and Jeremy Corbyn, if the case had gone against them.

The Liberal Democrats had claimed the "voice of Remain" would be excluded if Swinson was not allowed to participate, while the SNP accused the broadcaster of taking a "deliberate decision that contravenes the broadcasting code" by not including Sturgeon.

But their arguments were thrown out by two leading judges, who said the head-to-head debate between Johnson and Corbyn could lawfully go ahead.

Announcing the ruling, Lord Justice Davis said: "The clear conclusion of both members of this court is that, viewed overall, these claims are not realistically arguable.

"It follows that the television debate scheduled for tomorrow evening between the leader of the Conservative Party and the leader of the Labour Party may lawfully go ahead."

Speaking after the ruling, the SNP's Westminster leader Ian Blackford said Scottish voters were being treated like "second-class citizens".

"This election is a chance for people in Scotland to vote to escape Brexit, to protect the NHS and to choose their own future with independence – yet they will not hear that argument in the debate tomorrow night," he said.

He added: "What is now clear is that the UK broadcasting system is similarly incapable.

“Indeed, the result of the decision to exclude the SNP is to discriminate against Scottish voters and to effectively treat them as second-class citizens. 

"That is, quite simply, a democratic disgrace, and the fact that election law and broadcasting codes allow such gross unfairness is unacceptable."

Liberal Democrat president Sal Brinton added: "The Liberal Democrat's position, and that of our leader is unique.

"Jo Swinson is the only leader of a national party fighting to stop Brexit. Boris Johnson and Jeremy Corbyn should not be allowed to side-step debating the issue of Brexit with someone who wants to Remain, and ITV should not give them the opportunity to do so.

"That's why this is an incredibly disappointing verdict. Not just for Liberal Democrats but also for democracy in this country and for every Remainer who deserves to have a voice in this debate."