The British National Party was yesterday accused of operating illegally and threatened with an injunction over its whites-only membership policy.

The Equality and Human Rights Commission threatened the legal action over what it claimed were “potential breaches” of race discrimination law by the far-right nationalist party.

The commission has set a July 20 deadline for the party to address the issues, or face court action.

It said that the BNP needed to reassess its constitution and membership criteria, employment practices and provision of services to the public and constituents.

It believes that the party may discriminate on the grounds of race and colour, contrary to the Race Relations Act, because it restricts members to those regarded as particular “ethnic groups”.

In a statement the commission said: “This exclusion is contrary to the Race Relations Act, which the party is legally obliged to comply with. The commission therefore thinks that the BNP may have acted, and be acting, illegally.

“The commission has required the BNP to provide a written undertaking that it will not discriminate contrary to the Race Relations Act in its employment and recruitment policies, procedures and practices.

“The BNP’s website states that the party is looking to recruit people and states that any applicants should supply a membership number. The commission thinks that this requirement is contrary to the Race Relations Act, which outlaws the refusal or deliberate omission to offer employment on the basis of non-membership of an organisation.”

The commission said that it was also concerned that the BNP’s elected representatives may not intend to offer or provide services on an equal basis to all their constituents and members of the public, irrespective of race or colour, in contravention of the Race Relations Act and the Local Authority Model Code of Conduct.

Nick Griffin, the BNP leader, said that the party's rules were “entirely legal”.

Mr Griffin — who was elected as an MEP for the North West on June 4 — said that the BNP was an exempted organisation under Section 25 and Section 26 of the Race Relations Act.

He said that this meant “ethnic groups who need special protection such as the English in their own country, who are now second-class citizens” were “entitled to discriminate on that basis and not on the grounds of colour”.

He added: “We are not discriminating on grounds of colour.”

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