Legal action against the British National Party over the legitimacy of its membership policy was adjourned this morning after the far-right party changed solicitors at the eleventh hour.
The Equality and Human Rights Commission, which is seeking an injunction against the BNP, asked the London County Court to instruct the party to accept members of every ethnicity in the interim.
The request was rejected by Judge Paul Collins, who said that the BNP had been in existence for more than 27 years and its membership policy should remain in place until the matter is properly heard by the court.
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The judge noted the “absence of a long queue of black people who want to join the BNP”.
The commission issued proceedings against the BNP last month after voicing concern about the party’s constitution and membership criteria. It claims that the BNP’s policy of admitting only “indigenous Caucasians” is a breach of the Race Relations Act.
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The party has previously called the action a “pathetic attempt” by the commission to divert attention from its own problems.
Today Robin Allen QC, acting for the commission, told the court that there appeared to be “no defence” to the BNP’s position.
“There is no contradiction of the legal facts behind this case at all,” he said.
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“There is a very strong prima facie case of a breach.”
The case was adjourned after the court heard that Nick Griffin, the leader of the BNP, had changed solicitors last week. His barrister, Jonathan O’Mahony, was instructed only last night and was therefore unable to proceed with the case.
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The case will be heard on October 15.
In the meantime, Mr Allen called on the court to stop the BNP from refusing membership to people of ethnicity and also from soliciting membership on its website according to the criteria in its constitution.
Judge Collins rejected the request, pointing out that the Race Relations Act had been in place since 1976, and the BNP since 1982.
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The commission is bringing the case now after complaints from the public, following the BNP’s success in the European elections when its leader Nick Griffin won a seat in the North West. It has also only recently acquired powers to take such action.