Plan to hold vote on child protection next year

The Government is planning to hold a referendum on child protection next year, possibly at the same time as a poll on the new…

The Government is planning to hold a referendum on child protection next year, possibly at the same time as a poll on the new EU treaty, according to senior political sources.

A referendum on child protection and children's rights was postponed earlier this year after political parties were unable to agree on a proposed wording in advance of the general election.

However, the Minister of State for Children, Brendan Smith, said his team of officials was working on the basis that a referendum will be held next year.

The Minister will approach Opposition parties in the coming weeks in order to establish an all-party Oireachtas committee that will examine the wording for a change to the Constitution.

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The changes to the Constitution are aimed at providing greater recognition for children's rights, as well as providing for more robust child-protection measures such as the use of "soft information" in child vetting.

Mr Smith said his preference was to establish a consensus among political parties on a wording before seeking Cabinet approval for a referendum.

"The referendum is my number one priority. The Taoiseach, in appointing me, indicated very clearly and very strongly that he wants to advance this referendum. We see it as a very important priority to ensure we have the best possible child protection system in place," Mr Smith told The Irish Times.

"I have signed off internally on a roadmap for the referendum proposal . . . I'd like the electorate to be making a decision on the referendum during 2008, although I don't want to appear prescriptive. The Taoiseach and the Tánaiste have both indicated that we'd like to advance the proposals as soon as possible, subject to agreement with the committee," he said.

The first step will involve setting up an Oireachtas committee in early autumn. The committee may be given a rough deadline, in order to ensure its work is as speedy as possible.

The Taoiseach, meanwhile, has said he plans to hold a referendum on the new EU treaty next summer. Officials say it is likely that both referendums will be held on the same day to secure as high a turnout as possible, although Mr Smith said no firm decision has been made on this.

In the area of child protection, the proposed wording for a referendum published by the Government earlier this year will be the basis upon which talks with Opposition parties will take place.

The changes are aimed at ensuring the best interests of children apply in court cases; introducing a uniform standard of child protection for all children, regardless of the marital status of their parents; and to remove barriers which prevent children born into a marital family from being adopted.

In the area of child protection, State agencies would be able to share so-called "soft" information about suspected paedophiles, which they cannot do now because it interferes with a person's constitutional rights.

This would allow for information on suspected paedophiles to be shared among relevant bodies, even in cases where a conviction had not been secured.

"The strong advice from the Attorney General is that we can't put in the necessary legislation for the use of soft information until the referendum is adopted and enshrined in the Constitution," he said.

The issue of whether parental rights will be undermined by the referendum is also likely to emerge as a divisive point. Mr Smith, however, insisted that the wording would not in any way affect the rights of parents.