 Following the election of two MEPs from the British National Party (BNP) in the 2009 European elections, a potential issue of public funding was raised by the commission as the BNP constitution states that recruitment is only open to members who are "indigenous Caucasian and defined ethnic groups emanating from that Race"
The Commission's legal director John Wadham has stated that "The legal advice we have received indicates that the British National party's constitution and membership criteria, employment practices and provision of services to constituents and the public may breach discrimination laws which all political parties are legally obliged to uphold" This relates to the Race Relations Act 1976, which outlaws the refusal or deliberate omission to offer employment on the basis of non-membership of an organisation.The commission asked the BNP to provide written undertakings that there will not be discrimination in its recruitment procedures.The BNP responded to the letter by stating that it "intends to clarify the word 'white' on its website".