Thread: Legal bid to force EU referendum fails

Legal bid to force EU referendum fails

Andrew Sparrow, Jenny Percival and agencies guardian.co.uk, Wednesday June 25, 2008



Gordon Brown signing the Lisbon treaty last year. Photograph: Paulo Duarte/AP

The Conservative Eurosceptic millionaire Stuart Wheeler today lost his high court bid to force the government to hold a referendum on the EU's Lisbon treaty.

Two judges said that his application for a judicial review of the government's decision to ratify the treaty without holding a referendum "lacks substantive merit and should be dismissed".

Wheeler argued that the public had a "legitimate expectation" that there would be a referendum because Labour had promised a referendum on the EU constitution in its 2005 election manifesto and because the Lisbon treaty was very similar to the constitution.

But, in their ruling, the judges said that the constitution and the Lisbon treaty were not the same.

And, crucially, they said that, even if ministers had promised a referendum on the Lisbon treaty, that would be a political promise to be enforced by parliament, not the courts.

The government welcomed the decision. Parliament has passed an act allowing the government to ratify the treaty, and the formal process of ratification is due to go ahead soon.

Britain is determined to press ahead with ratification, even though the Irish vote against the treaty has cast doubt on whether it will be implemented because its provisions need to be agreed on by all 27 EU states.

The prime minister's spokesman said that the government hoped to be able to proceed with the final stages of ratification "within the next few days or weeks".

He added: "It does depend on the availability of the Great Wafer Seal, among other things. There are various administrative procedures that need to be undertaken. It is normally a Foreign Office official who is tasked with taking these things to Rome."

The Wafer Seal is a smaller copy of the obverse side of the Great Seal of the Realm, bearing an image of the Queen, which is embossed on certain official documents.

The judges refused permission to appeal, which Wheeler's lawyers had sought on the grounds of the "serious legal, constitutional and public interest issues arising in the case".

Lord Justice Richards said: "We are satisfied that an appeal has no prospect of success.

"Whilst the issues raised are interesting and important, that is outweighed by the desirability of certainty and the avoidance of unnecessary delay in this matter.

"There is no other compelling reason why an appeal should be heard."

But, outside the court, Wheeler said he would apply to the court of appeal for permission to challenge the ruling.

Jim Murphy, the Europe minister, said: "I am pleased that the judges have come down very clearly on the side of the government and found that this claim 'lacks substantive merit and should be dismissed'.

"The judges have confirmed the government's position that the Lisbon treaty differs in both form and substance from the defunct constitution.

"The judges have also made a number of important points about the boundaries between parliament, government and the courts.

"With parliament's approval, the government is proceeding to ratify the Lisbon treaty, which is in our national interest and is a good treaty for the UK."

Last week Gordon Brown said the government would not formally ratify the treaty until the high court had delivered its judgment.

Today Wheeler said the government was "morally obliged" to delay ratification until he had exhausted the appeal process.

But Foreign Office sources said that ratification, which is due to take place within the next month, would go ahead anyway.

An official said: "This is a categorical ruling and Wheeler's case has been comprehensively quashed. He has not been given leave to appeal. Now the government has to have the right to govern."

But he said that if, at any point in the future a court were to order the government to delay ratification, the government would obey.

http://www.guardian.co.uk/world/2008/ju ... eignpolicy

Page last updated at 10:56 GMT, Wednesday, 25 June 2008 11:56 UK

Wheeler to appeal over referendum

Stuart Wheeler vows to fight on after the ruling
Tycoon Stuart Wheeler says he has "high hopes" of winning an appeal against a High Court decision to oppose his bid for a referendum on the Lisbon Treaty.

Two judges rejected the millionaire's claim that there was a "legitimate expectation" of a public vote.

The expectation arose after Labour's 2005 manifesto promised a referendum on the failed EU Constitution, he said.

Europe Minister Jim Murphy said he was pleased the judges "have come down very clearly on the side of the government".

The judicial review application was dismissed by Lord Justice Richards and Mr Justice Mackay at the High Court.

I have instructed my lawyers to apply to the Court of Appeal - I have high hopes of winning on an appeal

Stuart Wheeler

They said: "We have found nothing in the claimant's case to cast doubt on the lawfulness of ratifying the Lisbon Treaty without a referendum."

The court refused to grant the spread betting tycoon permission to appeal on the grounds of the "serious legal, constitutional and public interest issues arising in the case".

But outside Mr Wheeler, 73, said he would ask the Court of Appeal to hear his case.

He thanked the public for their "fantastic" support during his campaign and insisted: "We lost today but this was only the second round.

"I have instructed my lawyers to apply to the Court of Appeal. I have high hopes of winning on an appeal."

'Good treaty'

Mr Wheeler, who raised more than £30m from spread-betting firm IG Index, was given tens of thousands of pounds in donations, in addition to his own fortune, to fight the case.

Prime Minister Gordon Brown says the EU's reform treaty does not have the constitutional implications to merit a referendum.

Parliament has effectively ratified the treaty after a bill bringing it into UK law was given Royal Assent last week.

"With Parliament's approval, the government is proceeding to ratify the Lisbon Treaty, which is in our national interest and is a good treaty for the UK "
Jim Murphy
Europe Minister

Mr Murphy welcomed the judgment, stressing: "The judges have confirmed the government's position that the Lisbon Treaty differs in both form and substance from the defunct constitution.

"With Parliament's approval, the government is proceeding to ratify the Lisbon Treaty, which is in our national interest and is a good treaty for the UK."

The Lisbon Treaty aims to streamline the decision making of an enlarged European Union, but critics say it will transfer more power to unelected officials in Brussels.

It includes removal of the national veto in more policy areas, a new president of the European Council and a strengthened foreign affairs post.

It was drawn up to replace the EU Constitution, on which Labour had promised a referendum, but which was rejected by French and Dutch voters in 2005.

Ireland 'No'

Mr Wheeler said the treaty was substantially the same as the constitution so the referendum pledge still stood.

His counsel, Rabindher Singh QC, argued that a promise had given rise to "a procedural legitimate expectation that a referendum would be held in respect of that treaty - and by implication any treaty containing substantially similar terms, whatever its name".

But Jonathan Sumption QC, appearing for the office of the prime minister, asked the court to reject Mr Wheeler's case claiming it was "politics dressed up as law".

The treaty is not technically ratified until the "instruments of ratification" are deposited in Rome by all 27 countries. The UK is not expected to do so until the middle of July.

But the EU treaty's future is under question after it was rejected by a referendum in Ireland.

http://news.bbc.co.uk/2/hi/uk_news/politics/7472449.stm