Post by Harry on Oct 19, 2009 8:08:28 GMT
The BBC could face legal action over British National Party leader Nick Griffin's appearance on Question Time, Welsh Secretary Peter Hain has warned.
The show is due to feature Mr Griffin, Justice Secretary Jack Straw and Tory and Lib Dem panellists on 22 October.
But Mr Hain has written to BBC director general Mark Thompson arguing the BNP was "an unlawful body" following a court ruling on its membership policy.
The BBC said it would respond to Mr Hain's letter "in due course".
'Unlawful body'
No BNP representatives have yet appeared on the BBC's flagship panel show.
But the corporation reviewed its position following the party's success in last June's European elections, in which Mr Griffin was one of two BNP candidates to be elected as an MEP.
The corporation has said it was obliged to treat all parties with "due impartiality".
Your approach is unreasonable, irrational and unlawful
Peter Hain
But in his letter, Mr Hain, a prominent anti-apartheid activist before becoming an MP, said the decision should be reconsidered in light of a legal case about ethnic restrictions on the BNP's membership rules.
The party has agreed to amend its constitution after the Equalities and Human Rights Commission sought an injunction, claiming the BNP was breaking the Race Relations Act by restricting membership to "indigenous Caucasian" people.
Mr Hain wrote: "Now that the BNP have accepted they are at present an unlawful body, it would be perverse of you to maintain that they are just like any other democratically-elected party. On their own admission, at present, they are not.
"If you do not review the decision you may run the very serious risk of legal challenge in addition to the moral objections that I make.
"In my view, your approach is unreasonable, irrational and unlawful."
Mr Hain said the invitation should be suspended until a new constitution could be agreed and the court was satisfied that the party passed "a basic threshold of legality".
He added: "In the meantime, surely you have no choice but to rescind the invitation and await the court's final decision on the matter?
"You are giving the BNP a legitimacy even they dare not claim in their current unlawful status."
'Own minds'
A BBC spokesman said: "Our understanding is that, if there was an election tomorrow, the BNP would be able to stand.
"Our audiences, and the electorate, will make up their own minds about the different policies offered by elected politicians."
Anti-fascist campaigners have said they will stage a demonstration against Mr Griffin's appearance on the show at the BBC's Television Centre, west London.
As well as Mr Griffin and Mr Straw, panellists are expected to include Conservative peer Baroness Warsi, Lib Dem home affairs spokesman Chris Huhne and playwright and critic Bonnie Greer.
The show is due to feature Mr Griffin, Justice Secretary Jack Straw and Tory and Lib Dem panellists on 22 October.
But Mr Hain has written to BBC director general Mark Thompson arguing the BNP was "an unlawful body" following a court ruling on its membership policy.
The BBC said it would respond to Mr Hain's letter "in due course".
'Unlawful body'
No BNP representatives have yet appeared on the BBC's flagship panel show.
But the corporation reviewed its position following the party's success in last June's European elections, in which Mr Griffin was one of two BNP candidates to be elected as an MEP.
The corporation has said it was obliged to treat all parties with "due impartiality".
Your approach is unreasonable, irrational and unlawful
Peter Hain
But in his letter, Mr Hain, a prominent anti-apartheid activist before becoming an MP, said the decision should be reconsidered in light of a legal case about ethnic restrictions on the BNP's membership rules.
The party has agreed to amend its constitution after the Equalities and Human Rights Commission sought an injunction, claiming the BNP was breaking the Race Relations Act by restricting membership to "indigenous Caucasian" people.
Mr Hain wrote: "Now that the BNP have accepted they are at present an unlawful body, it would be perverse of you to maintain that they are just like any other democratically-elected party. On their own admission, at present, they are not.
"If you do not review the decision you may run the very serious risk of legal challenge in addition to the moral objections that I make.
"In my view, your approach is unreasonable, irrational and unlawful."
Mr Hain said the invitation should be suspended until a new constitution could be agreed and the court was satisfied that the party passed "a basic threshold of legality".
He added: "In the meantime, surely you have no choice but to rescind the invitation and await the court's final decision on the matter?
"You are giving the BNP a legitimacy even they dare not claim in their current unlawful status."
'Own minds'
A BBC spokesman said: "Our understanding is that, if there was an election tomorrow, the BNP would be able to stand.
"Our audiences, and the electorate, will make up their own minds about the different policies offered by elected politicians."
Anti-fascist campaigners have said they will stage a demonstration against Mr Griffin's appearance on the show at the BBC's Television Centre, west London.
As well as Mr Griffin and Mr Straw, panellists are expected to include Conservative peer Baroness Warsi, Lib Dem home affairs spokesman Chris Huhne and playwright and critic Bonnie Greer.