The foreign secretary has lost out in his bid to set a firm date for the referendum on the EU constitutional treaty.

Delivering her annual speech to parliament on Tuesday, the Queen confirmed that a bill will be brought forward to ratify the treaty "subject to a referendum".

The controversial treaty is opposed by the Conservatives who have demanded an early referendum on the measures.

But the legislation appears set to avoid setting a date for the referendum.

Foreign secretary Jack Straw, who jumped the gun by announcing that the poll would be held in early 2006, wanted an explicit date set.

However the prime minister is said to fear being boxed in by setting a date.

Opposition

A series of polls suggest the public is opposed to the treaty - which is due to come into effect by November 1, 2006 providing it is ratified throughout the enlarged EU.

The opposition has voiced its concerns over key measures contained in the treaty.

Plans to create a full time president of the European council have been dismissed as an attempt to create a president of Europe.

Proposals to establish an EU minister for foreign affairs have been attacked by the Tories - who say the move would effectively give the EU the status of a federal superstate.

And plans to reduce the application of qualified majority voting are also being resisted by Michael Howard.

With polls suggesting that the public is opposed to the treaty, ministers recognise that they still have some way to go before a "yes" vote can be assured.

Promotion

However critics of the prime minister have warned that he will be unable to secure a victory unless Labour begins an explicit campaign to promote the treaty.

Labour strategists, however, are said to fear making an early bid for a "yes" vote in case the EU treaty becomes a significant election issue.

Labour MPs opposed to the treaty said they welcomed the apparent delay.

Ian Davidson, the rebel ringleader, said: "Labour MPs will want this issue off the agenda in the run up to the elections. A Labour third term comes first.

"We will work to stop any attempts to impose unfair referendum rules and will vote against any such attempts as the bill goes through parliament."

Ian Gibson, who is also opposed to the treaty, said the bill itself should have been shelved until the new parliament.

"We expected this legislation to be in the Queen's Speech but there is no need to introduce it before the next election," he said.

"We don’t need this divisive debate now – let's avoid damaging splits and put winning the third term above the EU constitution."