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Treaty on hold until court rules | Treaty on hold until court rules |
(40 minutes later) | |
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. | 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. |
A judgement on the High Court bid by tycoon Stuart Wheeler is due next week. | A judgement on the High Court bid by tycoon Stuart Wheeler is due next week. |
But a judge in the case earlier put a statement expressing "surprise" that the government had pressed ahead with the ratification process. | But a judge in the case earlier put a statement expressing "surprise" that the government had pressed ahead with the ratification process. |
The prime minister responded by saying "ratification will not take place of course until we have the judgement". | 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. | 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 case | Referendum case |
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. | 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. |
Friday's direction from High Court judge Lord Justice Richards 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 Richards | The defendants are invited to stay their hand voluntarily until judgement Lord Justice Richards |
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." | 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, who is at an EU summit in Brussels, was quick to respond to the letter saying the steps between Royal Assent and actual ratification could take weeks. | |
He added: "The judge has now replied that he expects to give his judgement next week and of course that fits in with our timetable. | |
"Having had Royal Assent we have got to go through all the different procedures before ratification - so 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 FrancoisConservatives | Clearly the court ruling is an embarrassment for the prime minister and the government Mark FrancoisConservatives |
But Mr Wheeler told the BBC that while Mr Brown said the timetable had not changed, that was "not consistent with what he was saying earlier". | |
He said 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." |
If the High Court judgement goes against him next week, he said he would "very likely" appeal and hoped ratification would be delayed further. | |
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." | 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. | 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". |
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. | 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 so a referendum is not needed. | Ministers say it is substantially different to the EU Constitution so a referendum is not needed. |
Conservative MP Bill Cash launched a separate 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. |