campaign to force EU treaty referendum - first blood!
Victory in first round of campaign to force EU treaty referendum
By Christopher Hope, Home Affairs Editor
http://www.telegraph.co.uk/news/1920180/Victory-in-first-round-of-campaign-to-force-EU-treaty-referendum.html
Stuart Wheeler, one of Britain’s richest men, has won the first round of his battle to force Gordon Brown to hold a referendum on the EU Reform Treaty.
He went to the High Court in London last month to seek a judicial review of the Government’s decision not to hold a referendum on the treaty.
Today judges ruled that the challenge can go ahead. The likely two-day court hearing could prove to be very embarrassing for ministers if internal Government memos and emails are revealed.
The legal challenge could also delay the ratification of the controversial treaty by months if court time is not granted shortly. Peers in the House of Lords are due to vote on the legislation later this month.
Mr Wheeler , who made his fortune from City spreadbetting firm IG Index, said: “I am absolutely delighted that we won the case.
“It’s clear to me that we have a very, very strong moral case for a referendum.
“And what this hearing was about was whether we had an arguable legal case.
“But, from what I’ve seen of the judgment, not only do we have an arguable but a rather strongly arguable case.”
The news was welcomed by the Conservatives who failed to force the Government to hold a referendum on the treaty in the Commons last month. The Tories and some Labour MPs believe the treaty is a near-copy of the discredited EU constitution, which Labour had agreed to hold a referendum on if the proposals were brought back.
Shadow Foreign Secretary William Hague said: “The Government promised a referendum on the EU Treaty which is the Constitution in disguise.
“It would be a great day for democracy if they were forced to honour that promise.”
Mr Wheeler originally wanted to claim the Government was illegally handing powers to Brussels.
However, he was advised he stood a greater chance of success if he challenged the Government over breaking a manifesto commitment to hold a referendum on the defunct EU Constitution.
His case claimed that the EU Reform Treaty is almost entirely the same as the old constitution and therefore the Government should hold a referendum on it.
Mr Wheeler, 73, who has amassed a fortune worth over £30million, has so far raised £150,000 from 150 donors to pay for the action which could cost up to £750,000.
The Prime Minister’s refusal to hold a poll on the treaty has proved deeply controversial, with over 100,000 Daily Telegraph readers backing a campaign to reverse it.
Mr Wheeler, who has bankrolled the Tories for years, said he hoped the legal challenge would be seen as an initiative “on behalf of all those of us – well over half the population – who want our say in a referendum” on the EU Reform treaty.
Although he is “suing” the Prime Minister Gordon Brown and Foreign Secretary David Miliband, he said he would not be calling either as a witness.
Mr Wheeler said: “It is a straight matter of law. We will be referring to the manifold statements by the heads of state in Europe, saying 'isn’t it wonderful that this new Lisbon treaty contains everything that was in the old one of any importance’.”
The action is being supported by the pressure group Open Europe and by the Conservatives, to whom he has given up to £7million. Shadow foreign secretary William Hague had wished him luck, he said.
Even if he loses, Mr Wheeler is hoping the negative publicity could put pressure on the Government.
