High Court rejects Stuart Wheeler's referendum bid

It was good to see that the High Court has finally thrown out the claims of spread betting tycoon Stuart Wheeler that the Government should hold a referendum on the Lisbon Treaty, with Lord Justice's Richards and Mackay judging that there was "nothing in the claimant's case to cast doubt on the lawfulness of ratifying the Lisbon Treaty without a referendum".

Wheeler, who is one of the leading donors to the Conservative party, famously giving £5m to the party when William Hague was leader, is the second high profile Tory to have a case thrown out. Last week the renowned Europhobe Bill Cash made similar attempts to stop the ratification of the Treaty in the High Court only for his claim to be thrown out. Indeed, Justice Collins described Cash's attempts as "totally without merit" and "an attempt to pursue a political agenda through the court".

Bill Cash's attempt to take the Government to court was particularly bare-faced. Cash, whose euroscepticism first came to real prominence when he helped 'lead' the Tory Maastricht rebels in 1993, always claims that the EU undermines the sovereignty of Parliament. Deeply ironic, then, that he would go to the High Court to try and get the judiciary to overrule the UK Parliament.

These judgements should mark the end of the Treaty's progress in the UK, and the EU (Amendment) Bill will now be formally ratified and the "instruments of ratification" deposited in Rome. However, Wheeler has refused to give up, saying that he will go to the Court of Appeal despite being refused an appeal by the court. Still, if he wastes his money on that, there may be less to give to the Tories and the eurosceptic pressure group that calls itself 'Open Europe'.

William Hague is now joining the clamour that the Reform Treaty is identical to the abandoned Constitutional Treaty - but even with his position of responsibility, without looking very far into the facts.

As I said in the parliamentary debate (see blog entry July 11), the proposed Reform Treaty may indeed salvage 90 percent of the pragmatic changes to the EU institutions that had been in the Constitutional Treaty. But recent scientific research shows that human beings and mice are genetically 90% identical. However, the 10% difference is crucial - and the same goes for the Reform Treaty!

The constitutional concept has been abandoned; the High Representative has not been changed into an EU Foreign Minister; symbols such as the EU flag and anthem have been dropped; and the numerous derogations and opt-outs for the UK means that, even more for us, the Reform Treaty is substantively different from the Constitutional Treaty.

But if you don’t want to take my word for it, why not ask David Cameron’s European allies in the Czech Republic?

Cameron had pledged to create a new centre-right group in Europe to rival the EPP which would include the Czech Prime Minister Mirek Topolanek’s Eurosceptic Civic Democrat Party. But the Czech PM is refusing to hold a referendum on the Reform Treaty as it does not create any new powers for the EU. Topolanek's stance speaks volumes about the Tories opportunism and obsessive Europhobia.

David Cameron's faltering leadership means that, in desperation,
he is turning to euroscepticism to placate the right-wing of the Tory party. But, in trying to stir up fears and create myths about this treaty, he is undermining his national and international credibility as a potential Prime Minister.