It is entirely legal for the SNP to refuse to host groups whose views conflict with their platform

In the Herald today, the above and:

This is nonsense, the Herald knows it’s nonsense and so will the SNP’s advisers.

Parties retain substantial control over their own conferences, agendas, and who they platform. Fringe events are typically subject to approval and are not the same as membership rights.

Political parties are expressive associations. They control their own conferences, agendas, and who they platform. Fringe events are not the same as open commercial venue hire; they form part of the party’s internal political activity. The Equality Act’s association provisions (Part 7) mainly protect members, prospective members, and associates regarding access to benefits/facilities/services. External organisations do not enjoy the same rights. https://www.legislation.gov.uk/ukpga/2010/15/section/101/enacted/data.xht?view=snippet&wrap=true

The SNP’s stated reason (member comfort and that the initial approval was wrong) gives it a defence on the crucial “reason why” test. Parties routinely decide not to host groups whose views conflict with their platform without that being treated as unlawful. Freedom of association and political speech considerations also weigh in the party’s favour. There is no clear precedent forcing a party to host an external fringe event against its will.

Similar Equality Act claims involving the cancellation of events on grounds of protected beliefs have succeeded (or been settled) in Scotland, but only against commercial or public venue providers, not political parties.

https://ampersandadvocates.com/case-reports/billy-graham-evangelistic-association-v-scottish-event-campus-limited-2022-sc-glw-33/

and

https://www.scottishlegal.com/articles/edinburgh-council-acted-unlawfully-in-discriminating-against-christian-organisation


Discover more from Talking-up Scotland

Subscribe to get the latest posts sent to your email.

One thought on “It is entirely legal for the SNP to refuse to host groups whose views conflict with their platform”

Leave a Reply