Referendum proposals due in five months

Taoiseach Bertie Ahern has asked members of an Oireachtas committee to agree recommendations for a referendum on child protection…

Taoiseach Bertie Ahern has asked members of an Oireachtas committee to agree recommendations for a referendum on child protection and children's rights within the next five months.

The time-frame is aimed at facilitating the holding of two referendums - the EU Reform Treaty and the referendum on children - on the same day.

The committee will be asked to agree changes to the Constitution aimed at providing greater recognition for children's rights, as well as providing for more robust child-protection measures.

However, there are already signs that it could be difficult to secure all-party support on the referendum within five months given divisions between the Government and Opposition parties over the issue of children's rights.

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There is likely to be broad agreement on measures to improve child protection, such as tougher laws for adults who have sex with children and allowing State agencies to share "soft" information about suspected paedophiles.

However, Opposition parties have already signalled that a significant period of time will be needed to debate issues relating to children's rights given that the issues are more complex and controversial.

In particular, senior members of the Opposition are wary that the strengthening of children's rights could lead to a divisive referendum with groups fearful that parents' rights are undermined.

However, Minister for Children Brendan Smith and other members of the Government have insisted that the position of parents in the eyes of the law will not be adversely affected.

The terms of reference for the Joint Committee on the Constitutional Amendment on Children include drawing up recommendations for making the rights of children more explicit; removing obstacles for the adoption of children in care; and ensuring the best interests of the child should apply in court processes relating to adoption, guardianship, custody or access of that child.

The Government had proposed holding a referendum on child protection and children's rights in advance of the election, but was unable to secure cross-party agreement on the matter. Opposition parties argued on that occasion that issues relating to children's rights were too complex to debate within a short period.

It is understood that members of the Opposition only came to an agreement on the committee's terms of reference when it was agreed that the scope of the referendum could be changed in the event of a lack of consensus.

The committee, chaired by Fianna Fáil TD Mary O'Rourke, is due to hold its first meeting on December 6th.

Minister for Children Brendan Smith and Minister for Justice Brian Lenihan will also be able to attend the committee meetings as ex officio members.

One of the most urgent changes which child protection groups want to see addressed is the introduction of a strict liability offence for adults who have sex with children.

This law would remove the defence of "honest mistake" available to adults relating to a child's age and introduce a zone of absolute protection below which it would be automatically a criminal offence to have sex with a child.

The controversial issue of the age at which this zone of protection will come into force will be left for the Oireachtas to decide.