Court reins Brown in on EU treaty

Published on Saturday 21 June 2008 00:31

GORDON Brown has been forced to delay ratification of the EU treaty until after the High Court has ruled on a legal bid to force a referendum.

Lord Justice Richards yesterday said he was "very surprised" that ministers appeared to be planning to press ahead with ratification before he hands down his ruling next week.

He called on the government to delay the process until ministers had heard his ruling on the application, by Euro-sceptic millionaire Stuart Wheeler, to have the decision not to call a referendum on the Treaty ruled unlawful.

Lord Richards made his statement after government lawyers wrote to the High Court on Tuesday saying the government was "now proceeding to ratify the Treaty of Lisbon".

"The court is very surprised that the government apparently proposes to ratify while the claimant's challenge to the decision not to hold a referendum on ratification is before the court," Lord Richards said.

The judge warned that if ministers ignored his call to wait, he would personally hear any application from Mr Wheeler for an injunction.

Mr Wheeler, who described the government lawyers' letter as "an insult to the court and to the people of Britain", welcomed the judge's direction.

Speaking at the EU summit in Brussels, the Prime Minister said: "The judgment fits into our own timetable, so ratification will not take place until we have had the judgment from the judge."

Mr Brown also used the summit to call for oil-producing countries to invest in Britain's nuclear power plants.

He suggested that huge sums of cash needed to be "recycled" from regions such as the Middle East for the sake of the world economy. Mr Brown said: "Our nuclear market is open. Of course you have got to bear in mind all the security considerations and the regulatory requirements, but it is open for people to invest in."

The Prime Minister is due to fly to Jeddah this weekend to meet the King of Saudi Arabia and other oil producers.

Meanwhile, Mr Brown defended Peter Mandelson, the EU trade commissioner, against claims by Nicolas Sarkozy, the French president, that he was to blame for the Irish rejecting the treaty in last week's referendum.

Mr Sarkozy had been asked whether Jos Manuel Barroso, the president of the European Commission, was responsible for the Irish result, and replied: "We can't blame Barroso for this; choose another and a better one, choose a Mandelson for instance."

Mr Sarkozy linked Mr Mandelson's opposition to subsidies to starvation. "A child dies of starvation every 30 seconds and the commission wanted to reduce European agriculture production by 21 per cent during World Trade Organisation talks. This was really counter-productive."

Mr Brown insisted that Mr Mandelson was doing a good job. "We need this trade deal and he is pushing for it. We support him in the excellent work that he is doing," he said.

Mr Mandelson said President Sarkozy's attempt to blame him for the Irish rejection in a referendum last week was wrong.

"I am well used to Mr Sarkozy having some fun at my expense on these matters and I have broad shoulders and a thick skin and I think I shall survive. I think he is over-simplifying the argument, but he is also pointing his finger in the wrong direction."

As the row simmered, the treaty hit a fresh stumbling block when the Czech Republic joined Ireland in criticising it. It has asked its constitutional to rule on whether it impacts on national sovereignty.

Most other member states are pressing ahead with ratification of the treaty.

Future of reform thrown into doubt by Irish snub

When will the EU reform treaty be implemented?

That depends on whether Ireland has another attempt at getting voters to back it. It has passed through the UK parliament, but must now be formally ratified in Rome. Originally it was meant to come into force in January 2009 but that has been thrown into disarray by the Irish "no" vote.

What have other countries done with the treaty?

Ireland was the only country to hold a referendum. So far, 19 of the 27 member states have approved the treaty in some form. National parliaments have been urged to continue ratifying it, although the Czech Republic has sent it to the Constitutional Court to see what impact it would have on the country's sovereignty. No further decisions at an EU level are to be made until October.

What is happening in the UK courts?

Stuart Wheeler, a Tory donor, has tried to force the government into holding a referendum before the treaty is ratified. The government has argued the treaty is different to the EU constitution, on which it made its manifesto commitment to hold a referendum, but which has since been jettisoned. The High Court will make a judgment next week.

Are there other stumbling blocks?

If the High Court agrees with Mr Wheeler on a referendum, then this could further delay the treaty's ratification. The government is likely to appeal and argue that the treaty is different to the constitution, but the entire treaty cannot be implemented until all member states are on board anyway.

Why is Peter Mandelson, the EU's trade commissioner, being blamed for the Irish rejecting the treaty?

Nicolas Sarkozy, the French president, claims Mr Mandelson's stance on international trade, particularly his opposition to subsidies, upset Irish farmers. Mr Mandelson has said this is an over-simplification.