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Treaty on hold until court rules Treaty on hold until court rules
(about 1 hour 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 bid to force a British referendum.
It followed a High Court judge's letter expressing surprise ministers appeared to be pressing ahead with ratification. A judgement on the High Court bid by tycoon Stuart Wheeler is due next week.
"Ratification will not take place of course until we have the judgment," said Mr Brown at a summit in Brussels. But a judge in the case earlier put a statement expressing "surprise" that the government had pressed ahead with the ratification process.
The bill that would ratify the treaty passed its last Parliamentary hurdle in the House of Lords on Wednesday. The prime minister responded by saying "ratification will not take place of course until we have the judgement".
The bill that would ratify the Lisbon Treaty passed its last Parliamentary hurdle in the House of Lords on Wednesday and gained Royal Assent on Thursday.
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. A Foreign Office spokesman told the BBC on Thursday that it could be "several weeks" before that happened, but they hoped to have it ready before Parliament's summer recess.
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. Friday's direction from High Court judge Lord Justice Richards 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, 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."
'An embarrassment''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, who is at an EU summit in Brussels, was quick to respond to the letter saying "Ratification will not take place of course until we have the judgement."
Clearly the court ruling is an embarrassment for the prime minister and the government Mark FrancoisConservativesClearly 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". Mr Wheeler told the BBC the government's solicitors had been "very relaxed in casually telling the court yesterday afternoon (Thursday) 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."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." He said the government appeared to be "keen to rush it through" and said if the High Court judgement went against him next week, he would "very likely" appeal and hoped ratification would be delayed further.
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. Shadow Europe minister Mark Francois, for the Conservatives, told the BBC: "Clearly the court ruling is an embarrassment for the prime minister and the government."
Mr Brown has been discussing the future of the treaty - which was thrown into question after it was rejected in an Irish referendum last week - with other EU leaders.
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. Labour 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 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. Conservative MP Bill Cash launched a separate bid for a judicial review of the ratification process - which was rejected by the High Court.