British High Court judges rebuke government over Lisbon Treaty

Jun 20, 2008, 12:49 GMT

London - British High Court judges Friday rebuked the government for pressing ahead with the ratification of the Lisbon Treaty while their decision on a legal bid to hold a referendum in Britain was still pending.

The two judges said they were 'very surprised' to receive a letter from the government Thursday advising that it was pressing ahead with ratification.

Their verdict on a case brought by a eurosceptic millionaire is due next week.

However, the parliamentary process enabling Britain to go ahead with ratification was completed Wednesday when the House of Lords approved the necessary legislation.

A last-minute attempt by Conservatives in the House of Lords to force a four-month delay in the ratification process following Ireland's rejection of the treaty was defeated.

The High Court challenge over whether or not Britain should hold a referendum on the Lisbon Treaty was brought last week by Stuart Wheeler, a spread-betting millionaire and major donor to the opposition Conservative Party.

Wheeler argues that the treaty cannot be ratified without a referendum, but the British government insists that the new amended treaty is sufficiently different from the earlier EU Constitution not to warrant a public vote.

'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. The court expects judgment to be handed down next week. The defendants are invited to stay their hand voluntarily until judgment,' Judge Stephen Richards said in in a direction published Friday.

Analysts said the judge's remarks were likely to be meant as a reminder of the independence of the judiciary rather than giving an indication of how the ruling would go.