Child referendum details published

The Government has published details of its proposed referendum on the rights and protection for children.

Taoiseach Bertie Ahern said it was a "watershed for Ireland's children". The move will value and protect childhood like never before, he said.

Brian Lenihan

Unveiling the wording for the proposed referendum this morning, Mr Ahern acknowledged that the State may have failed to protect some children from abuse in the past.

However, presenting the new draft charter, he said today: "We will value and defend childhood to an extent never before attempted, and we will do it in a way that enhances the position of families and defends the rights of parents."

"My objective is that we have provisions which are as strong and effective as those possessed by any country in the world,not just now, but well into the future." the Taoiseach added.

The seven-point amendment stipulates that the State will acknowledge the natural and imprescriptible rights of all children and restate the existing protection of children and parents in the Constitution.

The amendment will allow for the adoption of children who have been in care for a substantial period of time if it is in the best interests of those children. It will also ensure that all children are eligible for voluntary adoption and the amendment also states that the best interests of children will be secured in any court proceedings relating to adoption, guardianship, custody or access.

In addition, the new Article 42A(5) provides two provisions which allow the Oireachtas to put in place laws to protect children from sexual and other forms of abuse.

The first of these provides for the collection and exchange of information relating to the risk or actual occurrence of child sexual abuse.

The second provision allows the State to create offences of absolute or strict liability in respect of offences against or in connection with children. This removes the "honest belief" defence, and introduces a "zone of absolute protection" below which it would be automatically criminal to have sex with a child.

The Taoiseach said that he would be asking opposition parties to consider the wording of the amendment this week. He added that he was committed to putting the document before the people although he didn't know whether this would happen before the general election or in the Autumn.

Speaking today, Minister for Children Brian Lenihan said that the Government wanted to achieve all-party agreement on the amendment.

"This is an enormous opportunity to make a difference for children. I firmly believe that the time has come to move beyond oratory to ensure that the fundamental law of our land, the Constitution, properly reflects our commitment to vale and protect childhood," Mr Lenihan said.

The ISPCC has welcomed the publication of the Government's wording for the amendment, saying that it believed it was vital that the need for a constitutional change stays at the top of the political agenda and that a referendum be held as soon as possible.

The Children's Rights Alliance also offered its support for the amendment.

"The publication today . . . brings us closer to our goal of securing constitutional change that will make a real and positive difference to all children in Ireland," said Jillian van Turnhout, chief executive, said.