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High Court urges EU treaty delay Hold on treaty until court rules
(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. Gordon Brown has said Britain will not ratify the EU Treaty until the High Court has ruled on a separate bid to force a British referendum.
The court expressed surprise ministers were going ahead with ratification, ahead of its decision on a case brought by millionaire Stuart Wheeler. He was responding to a direction from a High Court judge expressing surprise that ministers appeared to be pressing ahead with ratification.
It said ministers should "stay their hand" until the ruling next week. "Ratification will not take place of course until we have the judgment."
The bill that would ratify the treaty passed its last Parliamentary hurdle inthe House of Lords on Wednesday. The bill that would ratify the treaty passed its last Parliamentary hurdle in the House of Lords on Wednesday.
But the process is not technically completed until the "instruments of ratification" are deposited in Rome.But the process is not technically completed until the "instruments of ratification" are deposited in Rome.
Referendum caseReferendum case
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. BBC political correspondent Reeta Chakrabarti said that could take several months, while the High Court judgement was expected next week.
Mr Wheeler had brought a separate High Court case arguing that the British government had promised a referendum "and should keep its promise". The direction from Lord Justice Richards, one of the judges hearing a case brought by millionaire Stuart Wheeler in a bid to force a British referendum on the treaty, appears to have been prompted by a letter from Treasury lawyers.
The defendants are invited to stay their hand voluntarily until judgement Lord Justice RichardsThe defendants are invited to stay their hand voluntarily until judgement Lord Justice Richards
After the EU (Amendment) Act gained Royal Assent on Thursday, they wrote to the High Court saying: "The government is now proceeding to ratify the Treaty of Lisbon."
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."
Irish referendum
He warned that if they do not, Mr Wheeler will be invited to seek an injunction to stop ratification going ahead.
The prime minister was quick to respond to the letter on Friday morning saying "Ratification will not take place of course until we have the judgment."
He is attending an EU summit where leaders have been discussing the future of the treaty - the future of which was thrown into question after it was rejected in an Irish referendum last week.
The treaty must be ratified by all 27 states to come into force - Ireland was the only country to hold a referendum.
Mr Wheeler had brought his own 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.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, so a referendum is not needed.Ministers say it is substantially different to the EU Constitution and does not alter the UK's constitution, so a referendum is not needed.
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.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.
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." A judgement in Mr Wheeler's case is still pending.
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.He warned that if they do not, Mr Wheeler will be invited to seek an injunction to stop ratification going ahead.