High Court Judgment on Wheeler case expected next week
High Court asks Government to wait for its judgement on the Wheeler case before pressing ahead with ratification of Lisbon Treaty
PA reports that Stuart Wheeler has attacked the Government for proceeding with the final, technical stage of ratification before the outcome of his legal bid to force a referendum. He said it was “disgraceful” that ministers appeared unwilling to wait a few weeks for lawyers to deliver their ruling on his case before completing the ratification process - which involves depositing the “instruments of ratification” in Rome. The Foreign Office has until the end of December to complete this stage, which Mr Wheeler argues leaves plenty of time to await the final ruling on his application for judicial review of the decision not to hold a referendum.
He said: “You have to ask why the Government felt it necessary to rush through the ratification of this Treaty when only last night European leaders agreed to give the Irish ‘time and space’ to react after last week’s No vote. The Treaty cannot legally be enforced until all 27 member states have ratified it, so why the rush?[...] The flight to Rome doesn’t take six months.”
Meanwhile, on behalf of the High Court, Lord Justice Richards has written to the Government to say “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.”
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Lisbon Treaty, UK Government, leagal judgment, Wheeler case
Do you suppose that the government know or suspects that it might lose this case and believes that a fait accompli will suffice?
there’s a thought