Weapons face High Court showdown

Government plans to replace the £65bn Trident nuclear weapons system face a legal challenge in the High Court that could force a re-think of Britain's policy on its nuclear deterrent.

Lawyers for the anti-nuclear campaign group the Nuclear Information Service (NIS)have warned ministers that a new nuclear weapons facility would contravene international law. Backed by a legal opinion from the international law expert Michael Fordham QC, the NIS also claims the Government is in breach of its legal duty to adequately consult on its proposals.

A letter ahead of the High Court action alleges that the Government is incorrect in law in considering that "the UK's retention of a nuclear deterrent is fully consistent with our international legal obligations" under the Nuclear Non-Proliferation Treaty and international law.

If the judicial review of the Government's decision were successful, ministers would have to reconsider their commitment to retaining a nuclear deterrent.

"There has been no proper consultation on whether or not the UK needs nuclear weapons. The Government has no method of weighing the views of consultees and is not reporting to Parliament on the results of a consultation," says NIS's Di McDonald. "It is merely restating over and over that it wants a new-generation nuclear weapons system."

This week it emerged that more than 100 Labour MPs are ready to vote against the Government over the replacement of Trident.

The rebels drew strength from a report yesterday by the Commons Select Committee on Defence, which criticises Mr Blair for failing to justify his rush for a decision before he steps down this summer.