PaulRogan

Courts grant judicial review of Government's broken referendum promise

Businessman Stuart Wheeler has won the first stage of his campaign to sue Gordon Brown over his attempt to break his promise to hold a referendum on the EU Constitution. 

At the High Court last Friday the Hon. Mr Justice Owen ruled that Stuart Wheeler had an "arguable" case and granted him a judicial review.  Wheeler's barrister, Rabinder Singh QC, argued that the Government had promised a referendum on the EU Constitution and that his client therefore had a "legitimate expectation" that he should be able to vote in one on the Lisbon Treaty - which is virtually identical.

Reflecting on the Government's claim that the Lisbon Treaty is completely different to the rejected EU Constitution, the Hon. Mr Justice Owen noted that "it is plainly arguable that there is no material difference between their provisions".  He said: "The obligation to hold the promised referendum cannot be avoided simply by the fact that it now bears a different name."

The judicial review will take place on 9 and 10 June.  If the courts were to rule against the Prime Minister and the Foreign Secretary, they could instruct the Government to put a new bill before Parliament which provides for a referendum.