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Legal bid to force EU referendum Legal bid to force EU referendum
(about 4 hours 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 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.
Mr Brown has rejected a public vote on the treaty as he says it does not change the UK constitution.Mr Brown has rejected a public vote on the treaty as he says it does not change the UK constitution.
But Mr Wheeler says he wants a judicial review of the PM's decision.But Mr Wheeler says he wants a judicial review of the PM's decision.
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. He told BBC Radio 4's Today programme 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
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. Mr Wheeler 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.
Tory pledgeTory pledge
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. He said he expected to get permission for the review and had been told that the EU treaty - now known as the Lisbon Treaty - could not be ratified while a review was pending.
MPs are currently debating the treaty as part of the ratification process, which is likely to go on for three months.MPs are currently debating the treaty as part of the ratification process, which is likely to go on for three months.
There could not be a more cynical approach to the conduct of government policy William Hague, shadow foreign secretary
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.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.
The government argues that the treaty is different and should be scrutinised by MPs and peers instead.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.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.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.
'Legitimate'
Mr Wheeler described his legal challenge as "a very serious attempt to get a referendum".Mr Wheeler described his legal challenge as "a very serious attempt to get a referendum".
Scrutiny If he is granted permission to apply for a judicial review, Mr Wheeler will claim voters had a "legitimate expectation" that a referendum would be held after one was promised on the EU Constitution.
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. The government will have 21 days to respond to this before the case comes before a judge.
Judicial reviews can last for more than a year, although Mr Wheeler said he expected the government to respond quickly in order to "expedite" the process.
There has never been a case of anyone successfully challenging a government's manifesto pledge in court.
Mr Wheeler said he had originally intended to claim the government was illegally handing powers to Brussels - but had been advised he stood a greater chance of success if he challenged the government over allegedly breaking its manifesto commitment.
He said believed he had an "excellent" chance of gaining a referendum but he would also be happy for his legal bid to delay ratification.
In a separate case, to be heard at Brighton County Court on 7 February, former Labour activist Stuart Bower, now a member of the UK Independence Party, is claiming the government broke its promise to hold a referendum on the European Constitution.
The court will have to decide whether the government's refusal to hold one is a breach of contract with Labour voters at the 2005 general election.
TREATY CHANGES European Council president, who will serve for two-and-a-half years rather than countries taking six month turnsNew post combining the jobs of the existing foreign affairs supremo and the external affairs commissionerSmaller European Commission, with fewer commissioners than there are member states, from 2014 Redistribution of voting weights between member statesNew powers for European Commission, European Parliament and European Court of JusticeRemoval of national vetoes in a number of areas What is in the treaty?TREATY CHANGES European Council president, who will serve for two-and-a-half years rather than countries taking six month turnsNew post combining the jobs of the existing foreign affairs supremo and the external affairs commissionerSmaller European Commission, with fewer commissioners than there are member states, from 2014 Redistribution of voting weights between member statesNew powers for European Commission, European Parliament and European Court of JusticeRemoval of national vetoes in a number of areas What is in the treaty?
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 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 the 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.
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.
All 27 EU countries will have to ratify the treaty before it can come into force.All 27 EU countries will have to ratify the treaty before it can come into force.
The treaty contains many of the changes outlined in the constitution - including changes to voting rights and the creation of a European Commission president - but drops the name "constitution", a reference to EU symbols and an article on the primacy of EU law.The treaty contains many of the changes outlined in the constitution - including changes to voting rights and the creation of a European Commission president - but 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'
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."
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."
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.