Madam, - It is disingenuous to argue, as some have done, that Ireland's decision to secure an "opt-out" from the police and judicial cooperation provisions of the proposed EU Treaty will somehow leave us less able to cope with the threats posed by international organised crime and terrorism.
The reality is that Ireland has already implemented all of the primary EU measures in this field, including Europol, the European Arrest Warrant, most of the Schengen arrangements and the anti-terrorism framework decision. That situation will not change. In any event, under the terms of the "opt-out", Ireland will retain the right to "opt in" to whatever measures it deems appropriate.
As this debate develops it is important to remember that criminal law cannot be treated on the same basis as the economic laws upon which the EU was originally built. It embodies the values, principles, rules and processes through which the State delivers law and order on behalf of and for the benefit of the people within its jurisdiction. It reflects the core values and principles which a community considers essential for its self-governance. It is an intrinsic part of its identity; something that distinguishes its from the communities in neighbouring States which will have developed their own criminal laws and procedure to reflect their own particular needs and values.
Given these qualities, it is essential that the criminal law in a liberal democracy has the assent of the people - that they feel a sense of ownership of it and familiarity with it. This is achieved through its enactment or endorsement by the people's directly elected representatives in parliament and through its interpretation and application by independent judges acting in accordance with law. The EU has yet to develop to a stage where it can deliver these assurances. - Yours, etc,
Prof DERMOT WALSH, Newgarden, North Lisnagry, Co Limerick