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Wheeler loses EU treaty poll bid Wheeler to appeal on referendum
(19 minutes later)
Millionaire tycoon Stuart Wheeler has lost his High Court battle to force a UK referendum on the Lisbon Treaty. Millionaire tycoon Stuart Wheeler says he will appeal against a High Court decision to oppose his bid for a UK referendum on the Lisbon Treaty.
Mr Wheeler argued that a referendum was promised in Labour's 2005 manifesto and "fair play" means it should be held. Two judges rejected the Tory donor's claim that there was a "legitimate expectation" of a public vote.
Prime Minister Gordon Brown says the treaty does not have the constitutional implications to merit a referendum. The expectation arose after Labour's 2005 manifesto promised a referendum on the failed EU Constitution, he said.
Lord Justice Richards and Mr Justice Mackay dismissed the judicial review application at the High Court.
'No constitutional implications'
Outside the court, Mr Wheeler thanked the public for their "fantastic" support during his campaign and insisted: "We lost today but this was only the second round.
"I have instructed my lawyers to apply to the Court of Appeal. I have high hopes of winning on an appeal."
Prime Minister Gordon Brown said the treaty does not have the constitutional implications to merit a referendum.
Parliament has effectively ratified the EU's reform treaty after a bill bringing it into UK law was given Royal Assent last week.Parliament has effectively ratified the EU's reform treaty after a bill bringing it into UK law was given Royal Assent last week.
National vetoNational veto
The Lisbon Treaty aims to streamline the decision making of an enlarged European Union but critics say it will transfer more power to unelected officials in Brussels.The Lisbon Treaty aims to streamline the decision making of an enlarged European Union but critics say it will transfer more power to unelected officials in Brussels.
It includes removal of the national veto in more policy areas, a new president of the European Council and a strengthened foreign affairs post.It includes removal of the national veto in more policy areas, a new president of the European Council and a strengthened foreign affairs post.
It was drawn up to replace the EU Constitution, on which Labour had promised a referendum, but which was rejected by French and Dutch voters in 2005.It was drawn up to replace the EU Constitution, on which Labour had promised a referendum, but which was rejected by French and Dutch voters in 2005.
Mr Wheeler, a Conservative Party donor, said the treaty was substantially the same as the constitution so the referendum pledge still stood. Mr Wheeler said the treaty was substantially the same as the constitution so the referendum pledge still stood.
'Legitimate expectation''Legitimate expectation'
His counsel, Rabindher Singh QC, argued that a promise had given rise to "a procedural legitimate expectation that a referendum would be held in respect of that treaty - and by implication any treaty containing substantially similar terms, whatever its name".His counsel, Rabindher Singh QC, argued that a promise had given rise to "a procedural legitimate expectation that a referendum would be held in respect of that treaty - and by implication any treaty containing substantially similar terms, whatever its name".
But Jonathan Sumption QC, appearing for the office of the prime minister, asked the court to reject Mr Wheeler's case claiming it was "politics dressed up as law".But Jonathan Sumption QC, appearing for the office of the prime minister, asked the court to reject Mr Wheeler's case claiming it was "politics dressed up as law".
He said, if they accepted Mr Wheeler's case, judges could become involved in a range of political issues where assurances had been given to the electorate at large - from class sizes to tax rates.He said, if they accepted Mr Wheeler's case, judges could become involved in a range of political issues where assurances had been given to the electorate at large - from class sizes to tax rates.
The treaty is not technically ratified until the "instruments of ratification" are deposited in Rome by all 27 countries. The UK is not expected to do so until the middle of July.The treaty is not technically ratified until the "instruments of ratification" are deposited in Rome by all 27 countries. The UK is not expected to do so until the middle of July.
But the EU treaty's future is under question after it was rejected by a referendum in Ireland.But the EU treaty's future is under question after it was rejected by a referendum in Ireland.