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High Court urges EU treaty delay High Court urges EU treaty delay
(30 minutes later)
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.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 the Stuart Wheeler case the court expressed "surprise" ministers were pushing ahead with ratification before their ruling. The court expressed surprise ministers were going ahead with ratification, ahead of its decision on a case brought by millionaire Stuart Wheeler.
It urges ministers to "stay their hand" until the ruling next week. It said ministers should "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 inthe House of Lords on Wednesday.
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. But the process is not technically completed until the "instruments of ratification" are deposited in Rome.
Referendum caseReferendum 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 whole future of the treaty has been thrown into question after Ireland - the only one of 27 EU states to hold a referendum on whether it should be adopted - rejected the treaty. The treaty must be ratified by all states to come into force.
Mr Wheeler had brought a separate High Court case arguing that the British government had promised a referendum "and should keep its promise".
The defendants are invited to stay their hand voluntarily until judgement Lord Justice Richards
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.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. Ministers say it is substantially different to the EU Constitution and does not alter the UK's constitution, so a referendum is not needed.
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." A Conservative bid to force a referendum was voted down in the House of Commons, and Eurosceptic Tory MP Bill Cash launched his own bid for a judicial review of the ratification process - which was rejected by the High Court.
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. A judgement in Mr Wheeler's case is still pending. But 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."
"The court expects judgment to be handed down next week. The defendants are invited to stay their hand voluntarily until judgment." 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 judgement to be handed down next week. The defendants are invited to stay their hand voluntarily until judgement."
He warned that if they do not, Mr Wheeler will be invited to seek an injunction to stop ratification going ahead.