BBC refutes SNP debate challenge

The BBC has defended itself against an "absurd" and 'unfounded' attack by the Scottish National Party over its exclusion from tomorrow's prime ministerial debate.

Yesterday, the SNP lodged an application at the Court of Session in Edinburgh to force the BBC to allow its leader Alex Salmond to appear alongside Gordon Brown, Nick Clegg and David Cameron in the final debate on BBC One.

A legal team representing the corporation responded by launching a strong defence of the format agreed with Sky and ITV, who have already concluded their debates.

Supported in the action by Welsh national party Plaid Cymru, the SNP has accused the BBC of being in breach of its guidelines for maintaining impartiality by denying Salmond or another senior party official the chance to participate alongside the leaders.

Salmond is further concerned by the upswing in popularity for the Liberal Democrats following Clegg's strong showing at the first two debates.

To mount the legal challenge, the SNP raised £50,000 in just 48 hours to get a last-ditch hearing at Scotland's civil court. Its legal petition stated: "The exclusion of the [SNP] from the debate in so far as viewers of the debate in Scotland are concerned, cannot satisfy the requirement of 'due impartiality'.

"Further, given the disproportionate impact of these debates on general election coverage, no balancing or alternative coverage from the BBC would be able to achieve due impartiality. No reasonable broadcaster would think that it would."

However, the BBC's lawyer Gerry Moynihan QC said that the SNP's arguments are ill conceived and run "completely contrary" to the public interest. He claimed that the party's legal petition is invalid because it is attempting to address a Scotland specific problem with a UK-wide solution.

Moynihan further argued that BBC director general Mark Thompson had correctly applied BBC guidelines by calculating that the SNP's seven MPs at Westminster and its proportion of candidates standing for UK seats at the election meant that it only required coverage in the Scotland-only debates.

The SNP had initially asked the court to block the BBC One debate in Scotland if it does not comply with the party's demands.

However, Moynihan said that the approach is not only impractical, but it would also be in breach of Scottish viewer's human rights. He claimed that the SNP has failed to take into account that the debate will also be broadcast on radio networks, the internet and Sky News, making it all but impossible to block.

"This is an order which is interfering with the freedom of expression, not only for the BBC as a broadcaster, but for individuals to receive that information on matter which is of public importance," he said.

"A judicial review shouldn't be tilting at windmills. It should produce significant results."

Later, Moynihan added: "In order to comply with this interdict, in reality the BBC wouldn't be able to broadcast the debate at all."

The legal hearing continues today.