The SNP has failed in its attempt to be included in the final prime ministerial television debate to be aired tonight.
The party raised £50,000 to petition the Court of Session in Edinburgh to rule whether the BBC had breached its rules on impartiality by excluding the SNP.
The court papers stated that the SNP was seeking an interim interdict against the BBC broadcasting the leaders’ debate in Scotland if it did not feature the SNP. However, after a two-day hearing, judge Lady Smith rejected the SNP’s case.
SNP deputy leader Nicola Sturgeon said, “We are disappointed that the debate on Thursday night will go ahead without any substantial participation from the SNP. This is not the end of this case.
“Our application for judicial review of the BBC’s decision to exclude the SNP from this week’s leaders’ debate has progressed and will be heard by the court at a later date and that is important, to ensure that the TV debates in this election campaign do not set an undemocratic precedent.”
She added, “We were right to bring this case on grounds of basic fairness and democracy, in terms of trying to ensure that the BBC met its duties of impartiality. We will now take that message directly to the Scottish public in the remaining days of the campaign.
“Where we may have been shut out of the air war we will continue to work hard in the ground war at this election.”
Ms Sturgeon said, “Around a million people in Scotland are expected to watch the BBC leaders’ debate but we will deliver leaflets to just as many people with the message that only SNP local and national champions will protect the interests of their communities and Scotland as a whole.”
Scottish Labour leader Iain Gray said the rejection was “humiliating” for First Minister Alex Salmond. He said, “He must be the only person in Britain who thinks this election is about how many times he appears on television. It is about jobs and the economy.”
Alistair Carmichael, chairman of the Scottish Liberal Democrat campaign said, “The court’s decision is the right one. The SNP has wasted taxpayers’ money and everyone’s time on this court case.
“They should now end this desperate farce. The Scottish people have a right to see this prime ministerial debate about the future of their country.”
Scottish Tory campaign manager David McLetchie said, “The SNP knew the UK leaders’ debates would get significant press coverage but Alex Salmond waited ’til now to go to court to ensure maximum coverage during the campaign.
“His use of the legal process, for what has been no more than a £50,000 SNP campaign stunt, is desperate stuff.”