Union under fire for anti-BNP policy
A Student Union policy designed to oppose the BNP in the recent local and European elections is “illegal” and breaks rules on campagining, according to the Charity Commission.
The legal quagmire has left outgoing SU President, Chris Jones, fighting to save his union reputation. A contrite Jones insisted: “I had no desire to break charity law and would never have undertaken any action had I been aware of this. I apologise fully.”
“I would never knowingly act to place the Union on the wrong side of the law. I honestly thought I was just doing the right thing. I was obviously wrong,” he added.
Jones admitted that the policy was “still in action” and that he was working with Union solicitors in an attempt to circumvent the “draconian” legal hurdle.
The contention lies in the fact that the Students’ Union, a charity, contravenes paragraph 19 of the Charity Commission which states that: “A charity should not seek to organise public opinion to support or oppose a political party which advocates a particular policy favoured or opposed by the charity.”
A formal complaint has now been submitted to the Charity Commission who have confirmed that the policy is in breach of charity law and are currently in the process of decideding on appropriate action to take. Jones has admitted that if the verdict falls against the Union, he would have to refund all costs attributed to the policy “out of [his] own pocket.”
The National Union of Students (NUS), who have stipulated a “no platform” policy against the BNP since the early 1990’s, applauded the actions of President Jones. A Spokesperson for NUS, expressed their support for the “worthy” action against the BNP, but conceded that if the law had been broken, then the policy must be halted with immediate effect. He said: “We are disgusted with the proliferation of the BNP across Britain and any action that counters its rise should be welcomed. However unfortunately this legal obstacle is deeply regretable.”
Despite the looming threat, Jones has played down the severity of any disciplinary action. “The Union has been reported to the Charity Commission in the past, the most we can expect is a telling off,” he joked.
The legal wrangling has taken its toll on Jones who now admits that he has had enough of the top job in the Union. “I now cannot wait for my term in office to end, so that I can live my life without any more threats of legal action hanging over my head,” he confessed.
But Jones denied handling the situation badly, saying: “This is not a stain on my Presidency.”
The Union has been attacked for failing to seek legal advice before the policy was implemented. “I had no idea that it was a legally dubious issue. While being pretty well versed in ultra viries, libel and employment law, I do not know everything about charity law and did not think this policy would cause any problems,” the President maintained.
Jones has stipulated that far from breaking any regulations, he was, in fact, upholding them, citing the Union constitution which states that the Racial Equality Officer “encourages the combating of racism at all levels” and “co-ordinates campaigns around ethnic minority issues, promoting black liberation and anti-racism.” Jones insisted that the Union’s decision to implement the policy was based on this.
In response to the legal technicality, the NUS is investigating how extensively the legal catch has arisen in universities across the country.
“It is difficult to say at this stage how many other Unions may have unwittingly fallen into this legal trap. It does need attention and we will be assessing the status of the current law as it stands.”
The policy directed against the BNP was enacted through a series of advertisments featuring the slogan “vote for anyone but the BNP” and distributed across the University. Jones insisted that it was not an attempt to “undermine democracy” or be “in any way dictatorial.”
Friends close to the President have expressed their anger at what they see as a “witchhunt” directed towards Jones and the Union. One told nouse: “You’re just out to get him. He was just trying to do the right thing to stop the racist BNP. You can’t blame him for that.”
Although failing to make significant election gains nationwide, the BNP did better in the North, winning four seats in Bradford.
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