Government plans to hold a referendum which would address the fallout of the statutory rape crisis are likely to be shelved until after the next election as a result of controversy over lowering the age of sexual consent to 16, according to senior sources.
The planned amendment to the Constitution would have removed the defence of "honest mistake" for an adult who has sex with a child, and would prevent child witnesses from being rigorously cross-examined.
The Government is wary of holding a referendum on the issue which could re-ignite debate over the age of consent just months before the general election, according to well-placed sources.
Minister for Children Brian Lenihan, however, insisted yesterday that no decision on whether to hold a referendum has been made. He said he was still in discussion with Opposition parties on the matter and planned to put proposals to Government in January.
"I can't say [whether a referendum is likely to be held] until I've completed my discussions with other parties - that gives me a much greater view of what's politically possible and what's not possible," said Mr Lenihan.
Plans to hold a referendum on the issue of strengthening children's rights, however, are not in doubt. Discussions are under way on a wording for this referendum likely to be held in March.
Opposition to plans to lower the age of sexual consent to 16 gained significant momentum after Catholic bishops last week voiced their opposition to the move.
The Oireachtas Committee on Child Protection wrote to the Bishops' Committee on Child Protection during the summer seeking its views on the age of consent following the controversy on statutory rape, correspondence obtained by The Irish Times reveals.
At the weekend, the hierarchy accused Minister for Justice Michael McDowell of being incorrect when he stated on RTÉ's Saturday View radio programme that bishops had been invited to make a submission to the Oireachtas committee. The correspondence shows that, on July 21st, the Oireachtas committee wrote to the chairperson of the Bishops' Committee on Child Protection inviting a submission on the age of consent issue.
Government sources said last night the Minister for Justice was very surprised that the bishops had contradicted him when the facts showed they were given every opportunity to make a submission to the Oireachtas committee.
A spokesman for the hierarchy last night maintained that the bishops had not been invited to make a submission to the Oireachtas committee. He said the secretariat of the Irish Bishops' Conference and not the Commissions and Agencies Irish Episcopal Conference was the body to which the invitation should have been addressed.
