Millionaire tycoon Stuart Wheeler has lost his High Court battle to force a UK referendum on the Lisbon Treaty.

Mr Wheeler argued that a referendum was promised in Labour's 2005 manifesto and "fair play" means it should be held.

Prime Minister Gordon Brown says the treaty does not have the constitutional implications to merit a referendum.

Parliament has effectively ratified the EU's reform treaty after a bill bringing it into UK law was given Royal Assent last week.

National veto

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It includes removal of the national veto in more policy areas, a new president of the European Council and a strengthened foreign affairs post.

It was drawn up to replace the EU Constitution, on which Labour had promised a referendum, but which was rejected by French and Dutch voters in 2005.

Mr Wheeler, a Conservative Party donor, said the treaty was substantially the same as the constitution so the referendum pledge still stood.

'Legitimate expectation'

His counsel, Rabindher Singh QC, argued that a promise had given rise to "a procedural legitimate expectation that a referendum would be held in respect of that treaty - and by implication any treaty containing substantially similar terms, whatever its name".

But Jonathan Sumption QC, appearing for the office of the prime minister, asked the court to reject Mr Wheeler's case claiming it was "politics dressed up as law".

He said, if they accepted Mr Wheeler's case, judges could become involved in a range of political issues where assurances had been given to the electorate at large - from class sizes to tax rates.

The treaty is not technically ratified until the "instruments of ratification" are deposited in Rome by all 27 countries. The UK is not expected to do so until the middle of July.

But the EU treaty's future is under question after it was rejected by a referendum in Ireland.

(BBC)

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