A constitutional amendment to permit the "soft" vetting of those working with children is one of the recommendations from the rapporteur on child protection, Geoffrey Shannon.
An expert on child law, he was appointed by the then minister for children, Brian Lenihan, to audit legal developments for the protection of children.
Mr Shannon also proposes addressing the issue of corporal punishment of children within the family and ensuring that trafficked children and unaccompanied minors coming into the State are protected.
In his 100-page report, presented to the Cabinet yesterday, he points out that "hard" information on those potentially a risk to children - that is, a record of criminal convictions - is the mainstay of the Irish vetting system at present.
"Soft" information will have come to the attention of State authorities like the HSE, local authorities or VEC, and falls short of criminal conviction, but gives rise to concern. It could be an allegation of abuse or conduct warranting the taking of a child into care. The distinction between the two is of central importance in the protection of the rights of people being vetted.
The Constitution guarantees the right to equal treatment before the law, the right to a good name, the right to privacy and the right to earn a livelihood. The European Court of Human Rights has also considered these issues in a number of cases.
All these rights, and the European jurisprudence, would have to be taken into account in the drafting of any law permitting the use of "soft" information in vetting those seeking to work with children, and any constitutional amendment would have to be balanced with these rights. Mr Shannon recommends that such a constitutional amendment should be accompanied by the publication of the proposed legislation, so that voters would understand what they were voting for.
He also proposed amending the law on incest to cover a wider range of sexual activity, rather than sexual intercourse, to which it is limited at present. He also proposed making it gender-neutral, and including relatives like aunts and uncles, step-parents and adopted children.
A specific offence of child sexual abuse, as defined by a 1990 Report of the Law Reform Commission, should be introduced, he says. This would give prosecutors more flexibility in drawing up indictments.
Referring to the question of minors committing sexual offences themselves, he said that treatment orders had been found to be very effective in other jurisdictions.
Turning to broader child protection issues, Mr Shannon said that the prohibition of corporal punishment of children by parents should be aimed at, within the context of the constitutional protection given to the autonomy of parental decision-making. He said that the concept of "reasonableness" with regard to corporal punishment had been examined by the Canadian courts, and that could be brought into Irish law.
Mr Shannon also reports on the issues of child trafficking, pornography, separated children and grooming. The act of grooming - the initiation of contact with a child in order to proceed to his or her sexual exploitation - should be made a specific offence, he says. In relation to child trafficking, the specific needs of the child victim needed to be put at the centre of legislation.
Referring to the interaction of children with the legal system through child welfare legislation, he says that family welfare conferences should be subject to the rules of fair procedures and natural and constitutional justice. Article 12 of the United Nations Convention on the Rights of the Child states that the child has a right to be heard, and this should be reflected in all proceedings, whether involving the State or in private family law proceedings. He proposes a lay advocate for the child in family welfare conferences, and greater use, but with greater regulation, of the guardian ad litem.
Mr Shannon also raises the issue of the right of a young person under 18 to refuse medical attention. This could arise particularly where treatment was required for a mental illness, he said, and where the child was in the care of the HSE. It was unaddressed in our legislation at present. He also proposed ensuring that the system of care orders comply fully with the the European Convention on Human Rights.