NOW that the festive season is over I would like to reply to Jim Homewood's polemic against the European Constitution (Letters, December 24).

At the time of his letter, Mr Homewood didn't have a copy of the consitution and I can only suppose that the views he expressed were based on second-hand information, which might explain why they are not well-founded.

Following in Frank Adam's footsteps, I would remind him that copies of the Treaty establishing a European Constitution, and the UK Government White Paper on it, are available from the Stationery Office.

Meanwhile his interpretation is very much at odds with the original.

For instance, he states that the Constitution allows for the reintroduction of the death penalty. What the Draft Constitution actually states in the Charter of Fundamental Rights (which I admit is something which successive UK Governments have not been too keen on) is as follows:

Article 2: Right to Life.

1. Everyone has the right to life.

2. No one shall be condemned to the death penalty or executed.

Whether that suits individual member states or their governments is, of course, a different matter. However, it is worth pointing out that this is precisely one of the issues on which Turkey has had to satisfy the EU before being able to commence negotiations for possible entry to the EU.

The use of the death penalty has been a very real issue in Turkey on account of the insurgency and counter-insurgency operations. Until recently, this amounted to effectively a war situation in the Kurdish region of Turkey, though it has abated since the main leader of the insurgents was captured by Turkish government forces.

COUNCILLOR

DEREK BODEN