THE BBC has hired one of Britain’s most respected barristers to advise it on a potential test case against a Sunday Times journalist who is refusing to pay his television licence fee.

Lord Lester of Herne Hill, QC, was last week asked to advise on the case against Jonathan Miller, who has refused to pay the £112 annual fee since July.

Miller is preparing to mount a defence under the Human Rights Act which, if successful, could force the BBC to refund the £2.35 billion it raises each year from licence fee payers. Last year 130,000 people were convicted of licence fee evasion.

Miller claims the Wireless Telegraphy Act of 1949 is incompatible with European law as it coerces 20m television owners into paying for a licence even though they may not want to watch the BBC.

“I relish the prospect of a prosecution,” said Miller. “I have openly challenged them because I do not believe they are acting lawfully.”

Last night John Whittingdale, the Conservatives’ culture spokesman, said there had to be an urgent debate on the future of the licence fee in the face of growing public opposition.

“I don’t advocate breaking the law but I fear there will be increasing numbers of people like Jonathan Miller who will simply refuse to pay the licence fee,” he said.

“The government cannot ignore this issue with the prospect of a widespread refusal to pay what many people see as a poll tax.”

The potential popularity of Miller’s case is demonstrated this weekend by a poll showing for the first time that a majority of people believe the licence fee should be abolished.

The proportion of people supporting the fee’s retention is just 46%, with 42% saying the BBC should be funded by advertising and 9% backing a subscription charge.

Whittingdale said: “This poll is the first evidence that the licence fee is becoming a matter of public concern on a large scale.” He said that the government should include a review of the licence fee in the forthcoming Communications Bill rather than waiting for the renewal of the BBC charter in 2006.

The BBC’s reputation has come under increasing pressure in recent months following allegations of political bias. The YouGov poll for a Sunday newspaper found more than a third of viewers believe the corporation is failing to be politically impartial, with three-quarters of Conservative voters complaining of bias against Iain Duncan Smith, the Tory party leader.

The licence fee was recently increased by more than 10% to fund the launch of the new digital channels BBC4 and BBC Choice.

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