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Hold on treaty until court rules Treaty on hold until court rules
(30 minutes later)
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.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.
He was responding to a direction from a High Court judge expressing surprise that ministers appeared to be pressing ahead with ratification. It followed a High Court judge's letter expressing surprise ministers appeared to be pressing ahead with ratification.
"Ratification will not take place of course until we have the judgment." "Ratification will not take place of course until we have the judgment," said Mr Brown at a summit in Brussels.
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.
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
BBC political correspondent Reeta Chakrabarti said that could take several months, while the High Court judgement was expected next week.BBC political correspondent Reeta Chakrabarti said that could take several months, while the High Court judgement was expected next week.
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 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."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. 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.""The court expects judgement to be handed down next week. The defendants are invited to stay their hand voluntarily until judgement."
Irish referendum 'An embarrassment'
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.
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."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. Clearly the court ruling is an embarrassment for the prime minister and the government Mark FrancoisConservatives
Mr Wheeler told the BBC the government's solicitors had been "very relaxed in casually telling the court yesterday afternoon that they intended to ratify without bothering to wait for the court judgement".
He added: "The reaction from the court, not surprisingly, was very strong indeed."
Shadow Europe minister Mark Francois told the BBC: "Clearly the court ruling is an embarrassment for the prime minister and the government."
Mr Brown is attending an EU summit where leaders have been discussing the future of the treaty - 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.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".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.
He warned that if they do not, Mr Wheeler will be invited to seek an injunction to stop ratification going ahead.