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Court challenge to EU referendum Court challenge to EU referendum
(10 minutes later)
Millionaire Stuart Wheeler has won his battle to force a High Court review into whether the government should hold a referendum on the EU's Lisbon treaty.Millionaire Stuart Wheeler has won his battle to force a High Court review into whether the government should hold a referendum on the EU's Lisbon treaty.
Prime Minister Gordon Brown has ruled out a public vote on the treaty, saying it does not alter the UK constitution.Prime Minister Gordon Brown has ruled out a public vote on the treaty, saying it does not alter the UK constitution.
But Mr Wheeler said a vote was promised on the EU constitution and says the Lisbon treaty is virtually identical.But Mr Wheeler said a vote was promised on the EU constitution and says the Lisbon treaty is virtually identical.
The Tory donor said last month that the treaty could not be ratified while there was a judicial review going on. The hearing will be on 9 and 10 June. The Foreign Office said they were "confident" of their case.
He said his legal challenge was "not trying to interfere with Parliament".
In March MPs voted by 346 votes to 206 to approve the EU (Amendment) Bill, after topic-by-topic debates over six weeks.In March MPs voted by 346 votes to 206 to approve the EU (Amendment) Bill, after topic-by-topic debates over six weeks.
The Bill - which is now in the Lords - will ratify the Lisbon Treaty, which was drawn up to replace the EU constitution after that was rejected by French and Dutch voters in 2005.The Bill - which is now in the Lords - will ratify the Lisbon Treaty, which was drawn up to replace the EU constitution after that was rejected by French and Dutch voters in 2005.
UKIP challengeUKIP challenge
Mr Wheeler said that in a judicial review he would claim voters had a "legitimate expectation" that a referendum would be held after one was promised on the EU constitution. Mr Wheeler, a Conservative Party donor, said his legal challenge was "not trying to interfere with Parliament".
Judicial reviews can last for more than a year, although Mr Wheeler said he expected the government to respond quickly in order to "expedite" the process. Mr Wheeler claims voters had a "legitimate expectation" that a referendum would be held after one was promised in Labour's last election manifesto on the EU constitution.
All 27 EU countries will have to ratify the treaty before it can come into force.All 27 EU countries will have to ratify the treaty before it can come into force.
The Conservatives have said that they would not ratify the EU treaty if they were to win the next election - which has to be held by May 2010.The Conservatives have said that they would not ratify the EU treaty if they were to win the next election - which has to be held by May 2010.
The treaty contains many of the reforms outlined in the constitution - including changes to voting rights and the creation of a European Commission president - but drops the name "constitution", a reference to EU symbols and an article on the primacy of EU law.The treaty contains many of the reforms outlined in the constitution - including changes to voting rights and the creation of a European Commission president - but drops the name "constitution", a reference to EU symbols and an article on the primacy of EU law.