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High Court urges EU treaty delay High Court urges EU treaty delay
(10 minutes later)
The High Court has said it is "very surprised" that ministers are pushing ahead with ratifying the EU Treaty. The High Court has urged the government to delay ratifying the EU Treaty until it rules on a legal attempt to force a British referendum.
In an interim judgement on Stuart Wheeler's bid to force a referendum, Lord Justice Richards invited ministers to "stay their hand" until his ruling. In an interim judgement on the Stuart Wheeler case the court expressed "surprise" ministers were pushing ahead with ratification before their ruling.
It urges ministers to "stay their hand" until the ruling next week.
The bill that would ratify the treaty passed its last Parliamentary hurdle in the House of Lords on Wednesday.The bill that would ratify the treaty passed its last Parliamentary hurdle in the House of Lords on Wednesday.
A Conservative bid to delay it, in the wake of Ireland's rejection of the treaty in a referendum, was defeated. But the future of the treaty has been questioned after Ireland - the only one of 27 EU states to hold a referendum on it - rejected the treaty.
Referendum case
Millionaire Mr Wheeler had brought a separate High Court case arguing that the British government had promised a referendum "and should keep its promise".
The government promised a referendum on the EU Constitution. But that was rejected by French and Dutch voters in 2005 and the EU Treaty was drawn up to replace it.
Ministers say it is substantially different to the EU constitution and does not alter the UK's constitution.
After the EU (Amendment) Act gained Royal Assent on Thursday, lawyers for the Treasury wrote to the High Court to say: "The government is now proceeding to ratify the Treaty of Lisbon."
But in a direction published on Friday Lord Justice Richards said: "The court is very surprised that the government apparently proposes to ratify while the claimant's challenge to the decision not to hold a referendum on ratification is before the court.
"The court expects judgment to be handed down next week. The defendants are invited to stay their hand voluntarily until judgment."