The BBC's chief political adviser, Ric Bailey, stated after the failed appeal that the BBC "would have been breaking its charter if it had not treated the BNP with impartiality ... We absolutely stand by that judgement, even though there's obviously been a lot of controversy about it". A senior BBC presenter, John Humphrys, said the decision was "absolutely right". He said: "Why should we be afraid of what they have to say? Free speech is the issue here, and the BBC's obligations." However, broadcasting unions said some of its members would protest at the invitation. Appeal to the BBC Trust A late attempt to stop the programme came from the Labour Secretary of State for Wales, Peter Hain, who accused the BBC of being "apologists" for the BNP and making "one of the biggest mistakes in its proud history". After failing to persuade the BBC Director General Mark Thompson to stop the appearance, Hain appealed to the BBC Trust. The BNP's constitution restricting membership of the party to "indigenous Caucasian" people, namely "indigenous British ethnic groups" including the "Anglo-Saxon folk community" and the "Celtic Scottish folk community" was declared illegal on 15 October 2009 under the Race Relations Act, after a challenge by the Equality and Human Rights Commission, and Hain argued that the appearance might be illegal in light of the ruling. On the night of Tuesday 20 October, the Trust announced it was forming an emergency committee, comprising three trustees chaired by Richard Tait, to examine the appeals. Late on 21 October, the day before the programme was due to be made, the Trust cleared Griffin to appear on the show.
The BBC's chief political adviser, Ric Bailey, stated after the failed appeal that the BBC "would have been breaking its charter if it had not treated the BNP with impartiality... We absolutely stand by that judgement, even though there's obviously been a lot of controversy about it". A senior BBC presenter, John Humphrys, said the decision was "absolutely right". He said: "Why should we be afraid of what they have to say? Free speech is the issue here, and the BBC's obligations." However, broadcasting unions said some of its members would protest at the invitation. Appeal to the BBC Trust
 A late attempt to stop the programme came from the Labour Secretary of State for Wales, Peter Hain, who accused the BBC of being "apologists" for the BNP and making "one of the biggest mistakes in its proud history". After failing to persuade the BBC Director General Mary Thompson to stop the appearance, Hain appealed to the BBC Trust. The BNP's constitution restricting membership of the party to "indigenous Caucasian" people, namely "indigenous British ethnic groups" including the "Anglo-Saxon folk community" and the "Celtic Scottish folk community" was declared illegal on 15 October 2009 under the Race Relations Act, after a challenge by the Equality and Human Rights Commission, and Hain argued that the appearance might be illegal in light of the ruling. On the night of Tuesday 20 October, the Trust announced it was forming an emergency committee, comprising three trustees chaired by Richard Tait, to examine the appeals. Late on 21 October, the day before the programme was due to be made, the Trust cleared Griffin to appear on the show.