Stuart Wheeler wins first stage of legal effort to force referendum

Breaking news: Green light given to High Court bid to force Government to hold a referendum on the EU Treatystution. More details on the case here.

Further details as we get them.

10.20am: William Hague's reaction...

"The Government promised a referendum on the EU Treaty which is the Constitution in disguise. It would be a great day for democracy if they were forced to honour that promise."

10.40am: Open Europe's reaction below:

"Open Europe Chairman Lord Leach said:

“This decision renders the Government’s attempt to ratify the Lisbon Treaty sub judice.”
 
“The Treaty is now in the House of Lords, where it is receiving the thorough scrutiny denied to MPs by the Government’s business managers in the Commons. The Government can - and should - now stay its hand pending the outcome of this judicial review.
 
“I will be raising this matter urgently in the Lords, as will others. If the Government continues its effort to railroad the ratification Bill through without a referendum, in defiance of its promise to the electorate, voters will conclude that it is as contemptuous of the views of the people as it is of its own political integrity.”

Background

The judicial review will take place on 9 and 10 June.  The Lords were due to vote on the referendum issue on 11 June and the Irish referendum is widely expected to take place on 12 June.

In the House of Lords the Liberal Democrats have said they will vote against a referendum, and will not support the “in or out” vote which Nick Clegg previously said the Liberal Democrats were in favour of in the Commons."

12.50pm comment from Global Vision's Ruth Lea:

“It is quite clear that the Lisbon Treaty is in, all but name, the same as the Constitution and we welcome the Hon Mr Justice Owen’s judgement that ‘it is plainly arguable that there is no material difference between their provisions’.  Gordon Brown fought the 2005 General Election on a referendum on the Constitution, and we should have a referendum on the Lisbon Treaty. The British people deserve no less.”

4pm further comment from William Hague:

"The Government must now put the bill bringing the renamed EU Constitution into force on hold. It was already plain that this deeply unpopular Government had no moral right to impose this Treaty on Britain without any democratic mandate. Now the courts are looking at the legality of denying a referendum. Under these circumstances it would be shockingly arrogant for ministers to carry on as normal.

After today Gordon Brown may well be scared of what the voters have to say but he cannot wriggle out of his solemn election promise of a referendum. Getting that promise honoured would be a great day for democracy."

Comments

[Derek ( dorset )]

I would like to buy Mr Wheeler a beer .
Best news I have heard in the murky land of UK in years.

[Matthew]

Sorry to dampen enthusiasm but it is nearly impossible in a constitutional matter for permission to bring judicial review proceedings not to be given - all the rules are very relaxed. In 1992 Rees-Mogg got permission and then was also given standing to judicially review the Maastricht Treaty. The case was then thrown out on the merits in 5 seconds. My guess is the same will happen here. The Judge may well make some comments along the lines of: "It is a shame that politicians these days do not honour their promises". It will then be appealed to the Lords who will say that this is purely a matter for Parliament - if politicians were held to all their promises (even manifesto ones) then Government would be impossible. The electorate should be the test of whether promises are kept, not the courts. Even if the courts did order a reconsideration of the decision not to have a referendum, the actual merits of the decision could not be challenged. So a more legally effective way would be found of taking the no-referendum decision. And in any event the courts have no power to stop the ratification, since they cannot disapply Acts of Parliament. Mr Wheeler, keep your money in your pocket!

[Paul Oakley]

For those who would like to know the reasoning, here is the judgment of Mr Justice Owen:
Wheeler v Office of the Prime Minister

[steward's inquiry]

Thanks for the link Paul.

[DennisS]

Does this mean that, I can now visit London?

[Patricia]

"People don't care a dam about Europe' says Jack Stone.(16.12 May 2nd).
Dear Old Jack always seems to get the wrong end of the stick!
What most of us are wanting is for David Cameron to state, once and for all, that, when he comes to power, he will give us that referendum which Labour promised.
It would have the same galvanising effect as George Osborne's dramatic move on capital gains tax at the last Conservative Party Conference.

[DennisS]

Does this mean that, I can now visit London?

[kim davis]

so pleased that this issue has been reignited. thanks to stuart Wheeler for his efforts. I felt he defended the issue well on sky news.
where can i send a donation to the cause?

kim