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Legal bid to force EU referendum Legal bid to force EU referendum
(about 1 hour later)
A legal bid to force the UK to hold a referendum on the EU reform treaty has been launched by spread-betting millionaire Stuart Wheeler.A legal bid to force the UK to hold a referendum on the EU reform treaty has been launched by spread-betting millionaire Stuart Wheeler.
Mr Wheeler, a prominent Conservative Party donor, told the BBC he had issued a "letter before the claim" to the Prime Minister Gordon Brown. Mr Wheeler, a prominent Conservative Party donor, told the BBC he had issued a "letter before the claim" to Prime Minister Gordon Brown.
He says he wants a judicial review into the decision not to hold a vote on the treaty, currently being debated by MPs. Mr Brown has rejected a public vote on the treaty as he says it does not change the UK constitution.
Ministers say no vote is needed as the treaty is not a constitutional one. But Mr Wheeler says he wants a judicial review of the PM's decision.
But Mr Wheeler - and the Conservatives, some Lib Dem and Labour MPs - say there should be a referendum held, as one had been promised on the now abandoned EU constitution. He told BBC Radio 4's Today he supported the campaign for a referendum but said he felt a legal challenge might be the best way of forcing one.
This is a very serious attempt to get a referendum Stuart WheelerThis is a very serious attempt to get a referendum Stuart Wheeler
Mr Wheeler told BBC Radio 4's Today he admired the campaigns for a referendum but said he felt a legal challenge might be the best way of forcing one. He has sent the letter to Mr Brown giving notice of the claim and expects to have a court hearing to decide on his request for a judicial review.
He has sent the letter to Mr Brown giving notice of the claim and expects to have a court hearing to decide on his request for a judicial review of the decision not to hold a referendum. Tory pledge
He said he expected to get permission for the review and said he had been told that the EU treaty - now known as the Lisbon Treaty - could not be ratified while a review was pending. He said he expected to get permission for the review and, he added, he had been told that the EU treaty - now known as the Lisbon Treaty - could not be ratified while a review was pending.
Commons debate MPs are currently debating the treaty as part of the ratification process, which is likely to go on for three months.
The Conservatives say they would hold a referendum if the treaty has not been ratified by the time they hope to get into power - an election is due by May 2010 at the latest. There could not be a more cynical approach to the conduct of government policy William Hague, shadow foreign secretary
Mr Wheeler said he would be happy for the judicial review to delay ratification but said he expected the government to "expedite" the judicial review but said "we have an excellent chance of winning it anyway". Opponents - including the Conservatives, a group of Labour backbenchers and some Lib Dem MPs - argue the treaty is essentially the same as the failed EU constitution, on which all parties had promised a referendum.
"This is a very serious attempt to get a referendum," he added. The government argues that the treaty is different and should be scrutinised by MPs and peers instead.
Opponents are hoping to force the government into a U-turn through a public campaign and opposition in Parliament.
The Conservatives have also said they would hold a referendum if they win the next general election, due in May 2010 at the latest, if the treaty has not been ratified by then.
Mr Wheeler described his legal challenge as "a very serious attempt to get a referendum".
Scrutiny
But although he believed he had an "excellent" chance of winning - and he expected the government to "expedite" the process - he would also be happy for his legal bid to delay ratification.
Mr Wheeler's legal bid comes as MPs are set to begin a 12-day debate on whether to ratify the Lisbon Treaty, signed last month by EU leaders.Mr Wheeler's legal bid comes as MPs are set to begin a 12-day debate on whether to ratify the Lisbon Treaty, signed last month by EU leaders.
The government is promising line-by-line scrutiny of the document, but Tories and Lib Dems say more House of Commons time needs to be set aside. The government is promising line-by-line scrutiny of the document, but the Tories and Lib Dems say more House of Commons time needs to be set aside.
The MPs will begin by debating the justice, migration and home affairs aspects of the treaty.The MPs will begin by debating the justice, migration and home affairs aspects of the treaty.
At the same time, Gordon Brown is due to host the leaders of France, Germany and Italy in Downing Street.At the same time, Gordon Brown is due to host the leaders of France, Germany and Italy in Downing Street.
What is in the treaty?What is in the treaty?
The Lisbon Treaty replaces the European Constitution, which was rejected by voters in France and the Netherlands in 2005.The Lisbon Treaty replaces the European Constitution, which was rejected by voters in France and the Netherlands in 2005.
The government had promised a public vote on that document but argues that the treaty is different and should be scrutinised instead. All 27 EU countries will have to ratify the treaty before it can come into force.
"There could not be a more cynical approach to the conduct of government policy William Hague, shadow foreign secretary
The Conservatives argue that there should still be a referendum.
All 27 EU countries will be expected to ratify the treaty this year with a view to it coming into force in 2009.
It contains many of the changes the constitution attempted to introduce, such as:It contains many of the changes the constitution attempted to introduce, such as:
  • A politician chosen to be president of the European Council for two-and-a-half years, rather than countries taking turns for six months
    		•
  • A president of the European Council, who will serve for two-and-a-half years, rather than countries taking turns for six months
  • A new post combining the jobs of the existing foreign affairs supremo and the external affairs commissioner
  • A new post combining the jobs of the existing foreign affairs supremo and the external affairs commissioner
  • A smaller European Commission, with fewer commissioners than there are member states, from 2014
  • A smaller European Commission, with fewer commissioners than there are member states, from 2014
  • A redistribution of voting weights between the member states, phased in between 2014 and 2017
  • A redistribution of voting weights between the member states, phased in between 2014 and 2017
  • New powers for the European Commission, European Parliament and European Court of Justice, for example in the field of justice and home affairs
  • New powers for the European Commission, European Parliament and European Court of Justice, for example in the field of justice and home affairs
  • Removal of national vetoes in a number of areas
  • Removal of national vetoes in a number of areas
    • But the treaty drops the name "constitution", a reference to EU symbols and an article on the primacy of EU law.But the treaty drops the name "constitution", a reference to EU symbols and an article on the primacy of EU law.
    On Monday, the government won a Commons vote for a 12-day debate on ratification by a majority of 56. The opposition had wanted 18 days.On Monday, the government won a Commons vote for a 12-day debate on ratification by a majority of 56. The opposition had wanted 18 days.
    'Authoritarian''Authoritarian'
    During the debate shadow foreign secretary William Hague said: "There could not be a more cynical approach to the conduct of Government policy, deeply lacking in openness, transparency or honesty. During the debate shadow foreign secretary William Hague said: "There could not be a more cynical approach to the conduct of government policy, deeply lacking in openness, transparency or honesty.
    "The government's concern throughout has not been to listen either to the British public or the British Parliament, but to do its best to exclude both from any decision making about Europe at all.""The government's concern throughout has not been to listen either to the British public or the British Parliament, but to do its best to exclude both from any decision making about Europe at all."
    For the Lib Dems, party president Simon Hughes said: "The modernising tendencies of the government wanting to do something good in terms of procedure have been overridden by the old tendency ... of the Stalin in Number 10 and his friends wanting to be very authoritarian about the timetable of this bill."For the Lib Dems, party president Simon Hughes said: "The modernising tendencies of the government wanting to do something good in terms of procedure have been overridden by the old tendency ... of the Stalin in Number 10 and his friends wanting to be very authoritarian about the timetable of this bill."
    But Europe Minister Jim Murphy said: "We aim to guarantee that Parliament can scrutinise the Lisbon treaty."But Europe Minister Jim Murphy said: "We aim to guarantee that Parliament can scrutinise the Lisbon treaty."
    The prime minister will meet Nicolas Sarkozy of France, Angela Merkel of Germany, Romano Prodi of Italy and European Commission president Jose Manual Barroso to discuss the global economy.The prime minister will meet Nicolas Sarkozy of France, Angela Merkel of Germany, Romano Prodi of Italy and European Commission president Jose Manual Barroso to discuss the global economy.