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Wheeler to appeal on referendum Wheeler to appeal over referendum
(10 minutes later)
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.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.
Two judges rejected the Tory donor's claim that there was a "legitimate expectation" of a public vote.Two judges rejected the Tory donor's claim that there was a "legitimate expectation" of a public vote.
The expectation arose after Labour's 2005 manifesto promised a referendum on the failed EU Constitution, he said.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. Europe Minister Jim Murphy said he was pleased the judges "have come down very clearly on the side of the government".
'No constitutional implications' The judicial review application was dismissed by Lord Justice Richards and Mr Justice Mackay at the High Court.
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 Stuart Wheeler
Outside, Mr Wheeler, 73, 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.""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. Prime Minister Gordon Brown says the EU's reform 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 treaty after a bill bringing it into UK law was given Royal Assent last week.
National veto 'Unnecessary delay'
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 court refused to grant the spreadbetting tycoon permission to appeal on the grounds of the "serious legal, constitutional and public interest issues arising in the case".
Lord Justice Richards said he and his colleagues were "satisfied that an appeal has no prospect of success".
With Parliament's approval, the government is proceeding to ratify the Lisbon Treaty, which is in our national interest and is a good treaty for the UK Jim MurphyEurope Minister
"Whilst the issues raised are interesting and important, that is outweighed by the desirability of certainty and the avoidance of unnecessary delay in this matter," he said.
"There is no other compelling reason why an appeal should be heard."
However, Mr Wheeler still has the right to apply to the Court of Appeal for permission to challenge Wednesday's ruling.
Mr Murphy welcomed the judgment, stressing: "The judges have confirmed the government's position that the Lisbon Treaty differs in both form and substance from the defunct constitution.
"With Parliament's approval, the government is proceeding to ratify the Lisbon Treaty, which is in our national interest and is a good treaty for the UK."
Pledge
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 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' Ireland 'No'
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.
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.