R (Wheeler) v Office of the Prime Minister [2008] EWHC 1409 (Admin)

Article 9 of the Bill of Rights 1689 guarantees parliamentary privilege by protecting members of Parliament from legal action over their speech and debates within Parliament.

• This provision ensures that legislative discussions are free and uninhibited, reinforcing democratic governance.

Part VII of the Political Parties, Elections and Referendums Act 2000 regulates election spending and campaign finance, introducing transparency and expenditure limits to prevent corruption and ensure fair political processes.

Section 12 of the European Parliamentary Elections Act 2002 reforms the UK's electoral system for European Parliament elections, aligning it with European standards and ensuring a fair and efficient voting process.

The European Union (Amendment) Act 2008 adapts UK law to the Lisbon Treaty, updating legal frameworks to reflect changes in EU governance and institutional roles, while maintaining national interests.

In October 2004, the Treaty establishing a Constitution for Europe (the Constitutional Treaty) was signed by EU member states.

• Its implementation required ratification by all member states.

• The then Prime Minister of the United Kingdom, Tony Blair, promised a referendum to decide whether the UK should ratify the Constitutional Treaty.

• The European Union Bill, introduced in Parliament following the treaty’s signature, stipulated that the treaty would only be given effect in domestic law if the outcome of the referendum was in favor of ratification.

• Following "no" votes in referendums held in France and the Netherlands, the European Union initiated a period of reflection regarding the treaty.

  • Consequently, the domestic Bill did not proceed to a second reading.

In June 2007, the European Council agreed on a mandate for a new treaty, leading to the signing of the Treaty of Lisbon (the Lisbon Treaty) in December 2007.

• The British Government indicated that there would be no referendum on the Lisbon Treaty.

• The European Union (Amendment) Bill, introduced to provide for the treaty's implementation in UK domestic law, did not include a provision for a referendum.

The proceedings focused on implementing the Lisbon Treaty without holding a referendum.

Court while dismissing the claim held that the central issue was whether there had been an implied promise of a referendum on the Lisbon Treaty based on statements made regarding the Constitutional Treaty.

• The Court found that the promise made by the then Prime Minister Tony Blair specifically related to the Constitutional Treaty and not to the subsequent Lisbon Treaty, which emerged over three years later from a distinct mandate and negotiations.

The Court noted that the promise concerning the Constitutional Treaty did not extend to future treaties with equivalent effect.

• The decision to hold a referendum involved a complex political judgment, and the different decisions regarding the Constitutional Treaty and the Lisbon Treaty underscored that no advance commitment was made regarding future treaties.

• This judgment was evidenced by the government’s decision not to commit to a referendum on any potential successor treaty once the Constitutional Treaty was rejected.

Additionally, the Court held that even if there had been an implied representation, the Lisbon Treaty did not have the same "equivalent effect" as the Constitutional Treaty.

• Significant differences between the treaties, both in form and substance, meant that the Lisbon Treaty was not equivalent for the purposes of an implied referendum promise.

The Court further determined that any implied representation based on political judgment rather than legal precision could not be enforced by the courts. The nature of such promises was inherently political and thus not suitable for judicial intervention.

Moreover, the Court found that the matter of a referendum was within Parliament’s domain, and Parliament had already addressed the issue by passing the European Union (Amendment) Act 2008 without a referendum provision.

• Consequently, any court order would have been futile given Parliament’s clear stance.

The claim also faced issues related to Parliamentary privilege, as requiring a Bill to be introduced would have involved inappropriate judicial interference in Parliamentary proceedings.

The Court concluded that the claim lacked merit and dismissed it.

Article 9 of the Bill of Rights 1689 protects parliamentary privilege, ensuring that Members of Parliament are immune from legal action for their speeches and debates, which supports democratic governance by allowing free and open discussion within Parliament.

Part VII of the Political Parties, Elections and Referendums Act 2000 enhances electoral transparency and fairness by regulating campaign finance and spending limits, aiming to prevent corruption and ensure fair political processes.

Section 12 of the European Parliamentary Elections Act 2002 aligns the UK's electoral system for European Parliament elections with European standards, promoting a fair and efficient voting process.

The European Union (Amendment) Act 2008 updates UK law to reflect the changes introduced by the Lisbon Treaty, adjusting legal frameworks while maintaining national interests.

In the case involving the Constitutional and Lisbon Treaties, the Court held that the promise of a referendum made for the Constitutional Treaty did not extend to the Lisbon Treaty, which was negotiated separately and differed significantly.

The Court found that political judgments, like whether to hold a referendum, are beyond judicial enforcement, and Parliament’s decision not to include a referendum in the European Union (Amendment) Act 2008 was final.