Harman's own goal over the EU treaty

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Her gaffe was seized on by the Tories, who are preparing to make their demand for a referendum on the treaty a major campaign issue.

Labour's election manifesto pledged a public vote if the EU constitution, which was shelved after being rejected by voters in France and the Netherlands, returned to the table.

The Government insists a reform package which has been agreed is a treaty rather than a constitution and that Britain's "red lines" have been protected.

But a string of European leaders have described the measures in the treaty as almost identical to those in the old constitution.

Miss Harman, Labour's number two and the Leader of the Commons, told MPs that "the substance remains unchanged".

She insisted, however, in her response to a question from Tory defence spokesman Julian Lewis, that the "constitutional concept" had been abandoned and that the Government was not going back on its promise.

The president of the European Commission, Jose Manuel Barroso, has declared the document will usher in "the world's first non-imperial empire".

It will create an EU head of state, diplomatic corps and foreign minister and end the British right to veto proposals in more than 40 areas, such as migration, energy and transport.

The EU will get its own "legal personality", meaning it can sign treaties in its own right and a common system of criminal justice.

Eurosceptic Tory MP Bernard Jenkin said: "The Government has so far been singularly unable to explain what would be substantially different in effect between the old constitution on which they agreed a referendum and the new treaty.

"The Government was forced to accept a referendum on the EU Constitution because it was a fundamental change in the relationship between the UK and the EU.

"Apart from a few dodgy opt-outs, this treaty has the same effect, so there should be a referendum."

Up to 40 Eurosceptic Labour MPs could join a cross-party campaign designed to put pressure on Gordon Brown to give way and offer a vote.