It was disappointing to see the TUC conference back calls for a referendum, albeit for opposite reasons to the bulk of the treaty’s opponents, namely that they oppose what they consider to be a British “opt-out” from the Charter of Rights.

The Charter of Fundamental Rights, which was agreed by member states in 2000 and sets out the civil, economic and social rights that define European citizenship. It is a complex issue but essentially Britain’s "opt-out" is a special protocol providing that the charter cannot be used in British courts unless British law itself guarantees the same rights - which is almost always the case anyway.

Contrary to scaremongering by the CBI, article 137 of the treaty of Rome, expressly excludes EU-level legislation with respect to pay, the right of association, the right to strike and the right to impose lockouts, which will remain subject to national law, whether the charter is there or not.

Given all of this, it is important for trade unionists to recognise that, even with the UK protocol on the charter, the social dimension of the EU is better off with the Reform treaty than without it. The draft treaty not only makes explicit mention of the social model, it also commits governments to strengthening it and enshrines the principles of full employment and social progress. Similarly, the treaty emphasises that the EU must work to "combat social exclusion and discrimination", and will be legally required to promote social justice, gender equality and solidarity between generations. The treaty also requires the EU, in all policy areas, to take account of "the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health". Similarly, the treaty emphasises that the EU must work to "combat social exclusion and discrimination", and will be legally required to promote social justice, gender equality and solidarity between generations. It contains a new provision protecting public services from inconsiderate application of competition law.

Dissatisfaction about the protocol on the Charter, even if it were justified, is no reason to oppose the Treaty. Indeed, a resolution to campaign against it was defeated.