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

[Deborah]

And the good news keeps coming.....

[Stephen Spillane]

any link?

Dosent mean the case will be successful though.

[Simon Richards]

The news isn't on there yet, but Stuart's web site has more on his action against Brown and Miliband at http://www.stuartwheeler.co.uk/

[Stephen Spillane]

danke Simon

[Simon Richards]

My pleasure. I hope people will visit Stuart's site and contribute to his appeal fund. The cost of this important action against our failing Prime Minister is going to be frightening, so he needs all the help he can get.

[Chad Noble]

I did say that it was likely. Are the naysayers out of bed or hiding their heads?

A few too many of you insulted Stuart, and an apology is due.

[Andrew Lilico]

I presume this goes to the Lords and given the ruling at this stage, the government can't ratify ahead of the Lords ruling?

If the Lords ruling goes against the government, I predict that that will be the end of Gordon Brown.

[Simon Richards]

Well said, Chad.

[Andrew Lilico]

Further to this, my guess remains that Wheeler's case will be defeated and Brown will survive for now. But it is (just) possible that this judgement, combined with the other disasters, induces panic in the Labour Party and the try to find a way to reverse their position on the referendum.

[Stephen Spillane]

Does it go to the Lords? I thought that would be on appeal? Thought it would stay in the High Court.

Correct me if wrong, I am Irish

[Daniel Furr]

I believe it will go to the Law Lords seeing this is a constitutional case.

[Rod Sellers]

Yes - Yes- Yes !! The really important news of the day. Well done Stuart Wheeler, my cheque is on its way to his campaign.

What did Burke say " Nobody makes a greater mistake than he who does nothing because he thinks he could only do a little"

I hope the Tory leadership are taking note.

[Simon Richards]

It goes to the High Court first, Stephen - but I suspect it will finish up going to the Lords on appeal.

[Stephen Spillane]

Danke Daniel and Simon. Learning lots about the UK today! Especially thats its not as Red as it used to be! :D

If only we can do the same in Ireland :(

[Miranda]

Brilliant news. Well done Mr Wheeler. Another small step .......

[Simon Richards]

Good luck with that Irish referendum, Stephen - and even if you don't win that, at least your taxes aren't as punitive as ours.

[Chad Noble]

12.5% divi tax = heaven! Go the Irish! :-)

[Dirty European socialist]

What disgrace. The guy is a disgrace. The courts are overridibng a democratically elected government. This is judges overrulling parliament Wheeler should get lost.
1) The constitution is not the referendum

[Chad Noble]

"The courts are overridibng a democratically elected government."

Um, did i miss the democratic election of Brown as pm, the man who reneged on the pledge....

[Deborah]

Ed,
Dirty European Socialist sounds awfully like Margaret Hemmings.....

[Malcolm Dunn]

I didn't expect this at all.Good for Stuart who is a very decent kindly man. Thereis still a long way to go though nd I still find it difficult to believe that the Law Lords will wish to humiliate the PM. But there's a bit of hope now, where once there was none.

[Sam R]

1) The constitution is not the referendum -Dirty European Socialist.
If I take a copy of Dostoyevsky's "The Idiot" (wonder why I chose that volume!), tear out the frontispiece and the translator's notes, and paste the cover of Spike Milligan's "Rommel: Gunner Who?" around it, what is between the covers is still Dostoyevsky's "The Idiot".
Likewise in the case of the Euro-Constitution, but now with Spike's "Treaty" pasted on the front.

[Chad Noble]

"f I take a copy of Dostoyevsky's "The Idiot" (wonder why I chose that volume!), "

Brown is more like chichikov in Dead Souls, a swindler creating a fake impression of prosperity

[PRS]

The case now goes to judicial review, it will only go to the Law Lords if the loser appeals, but even then it goes to the court of appeal first.

If Stuart is successful the courts will instruct the PM and For Sec to put a bill before parliament making provisions to hold a referendum.

If HMG wanted to get out of it they would have to instruct their MPs to vote against their own bill!!

Well done Stuart.

[Demokrat]

Superb news. Brown just cannot get anything right. The people deserve a vote, the nation demands its say.

[Christina Speight]

This is the best political news since Maastricht! Only the first step but they'll be chewing the carpets at our real government in Brussels this morning.

Closer to home it might put some backbone into the 'wet' Cameron and encourage the Irish . If there is a judicial review the treaty cannot possibly be ratified before the 1/1/09 deadline and the whole bag of tricks will come off the rails!

This is just about the first time that anyone has succeeded in any court in making any dent at all in the megalith that is the EU’s domination of all it surveys.

This is merely the first step and it should encourage every one of us to back Stuart Wheeler to the hilt - in words and deeds. He, unlike some more hotheaded bretheren did his homework and found a legal loophole in the government’s case

Forget the elections - this is REALLY important.

[Dontmakemelaugh]

Interesting! But why you might ask, seeing as how "we wont let it rest there", that the challenge was not taken up by Dave, or at least insisted upon by someone in the party and not left to a private person?

I would like to see the action succeed, but I will be amazed if it does. Could it be eventually overruled by an appeal court sitting in Brussel? Now there's a thought.

[StevenAdams]

Dirty European Socialist:

You're response is typical of blind classism.

If a single mother on benefits fights for her rights, defeats the government/establishment and creates a better life for herself, we all cheer (and rightfully so).

If a millionaire fights for his rights and defeats the government/establishment, and creates a better life for himself, you accuse him of dastardly and anti-democratic contrivance.

Hmmm...

[Tanfield]

I think I'm right in saying that in important cases (and this is certainly one) it is possible for the High Court to authorise a "leap frog" appeal whereby the loser can appeal directly to the Law Lords cutting out the Court of Appeal entirely. This case could end up before the Law Lords quicker than anyone imagines.

[Serf]

What disgrace. The guy is a disgrace. The courts are overriding a democratically elected government. This is judges overruling parliament

Our constitution relies on our political elite keeping to time honoured tradition, and not abusing their power. New Labour has actively ripped up all those traditions where ever possible. Now we are completely at the mercy of venal and incompetent politicians. Thus the spectre of Judges overriding the democratic process is an inevitable one.

Of course in this particular case the issue is democratic accountability. Nearly all of us voted for parties that promised a referendum.

[Lucy]

Chad @ 11:08, that is a brilliant analogy. I will be repeating it and claiming it as my own.

[irty european socialist]

Chad Noble | Yes he was elected by the labour party whichis the elected part of power. Wheeler is just a bloke who made cash for gambling.
Sam R Shut up you bullying pratt. You call me an idiot you are the idiot.
12:27 He is not fighting for rights he is buying the courts to change the decision of an elected government. The government did not campaign on a referendum on the EU treaty. The constitution is different. What is to stop the courts intefering the decmoracy all the time now, with welathy backed milllionaires pocking their nose in. The guy is disgrace I do not like him. He asked for IDS to resign because he lacked "charisma". Well the guy has none in my book.

Serf But the way our law works in a corrupt manner all you need is any millionaire to buy the best lawyer to manipulate an argument. It is corrupt.

[David (One of many)]

"The constitution is different."

Here, more than anywhere else, is where you fail.

[Richard Tyndall]

Dirty EU Socialist -

you can rant all you like but the act is that everyone who actually knows anything about the two documents accepts that they are effectively the same.

And Stuart Wheeler has not 'bought' anything. In the UK we have something called an independent judiciary. I know the idea of independence and getting anything without bribery or corruption must be alien to a supporter of the EU (and even more so to a socialist) but thankfully in spite of the efforts of Blair and Brown we still haven't adopted the EU levels of corruption and totalitarianism that characterise European politics.

[Sam R]

"The constitution is different."- Dirty European Socialist.

Cover, yes; content, no!

[Dirty european socialist]

COMMENT OVERWRITTEN

[Dirty European Socialist]

COMMENT OVERWRITTEN

[passing leftie]

So, are we all agreed that if a party doesn't fulfil a particular individual's interpretation of a party's manifesto, we should be able to mount a legal challenge against the will of parliament? Just checking if you really want that precedent.

There is no chance of a referendum on this treaty, under this government or the next, so get excited all you want. Even the Tories aren't stupid enough to promise one.

[Richard Tyndall]

LOL

what fun to se the lefties all foaming at the mouth. Particularly ona day when the country has made so compleetly clear what they think of them.

So the general population think you are wrong. Apparently the judiciary think you are wrong and even most of the EU leaders also think you are wrong. All agree that the two documents are substantially the same. At least sufficiently so to demand further review.

This is why lefties always screw up in the end. They never know when they are beaten.

[dirty european socialist]

COMMENT OVERWRITTEN

[Malcolm Dunn]

'Wheeler is not a man of honour'-Dirty European Socialist.Clearly, you haven't met him.Moron.

[qwqwqwqwqw]

CHILDISH COMMENT OVERWRITTEN

[Jon White]

qwqw etc etc @ 15.18

Nice to see adult informed sensible debate here.

[Chris Gillibrand]

Living in the centre of Brussels, 400 yards from the European Parliament, I have yet to find one single servant of the European institutions who does not believe that this is the Constitution in all but name.

[Mike H]

Excellent news. I've just sent Stuart Wheeler a small donation to help fund his action. I hope others who are unhappy about our relationship with the EU will do the same.

[Jack Stone]

I suppose before long people will be saying the party`s good showing in the election was down to it wanting a referendum. This is all nonsense.When will you learn on this site people don`t give a damm about Europe. Lets shut up about it and concentrate on getting Labour out of Downing Street.

[Deputy Editor]

See update above, Hague has come out with a stronger statement...

"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."

[Roger Helmer]

Oh yes Jack. "People don't care about Europe". That's why as many as 44% of electors in Gedling constituency (Notts) responded in a postal ballot on the Referendum issue, and 88% of them wanted a referendum.

Well done Stuart Wheeler. You have struck a blow for your country, for independence and democracy. We are all in your debt.

[passing leftie]

Posted by: Richard Tyndall | May 02, 2008 at 14:32

So the general population think you are wrong. Apparently the judiciary think you are wrong and even most of the EU leaders
also think you are wrong. All agree that the two documents are substantially the same. At least sufficiently so to demand further review.

I have no doubt that "dirty european socialist" is a UKIP troll.

[ukipwebmaster]

Congratulations to Stewart on winning this first battle.

[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