Cabinet to finalise wording on children's referendum

The Cabinet is expected to finalise a wording today for a planned referendum that would strengthen children's rights and provide…

The Cabinet is expected to finalise a wording today for a planned referendum that would strengthen children's rights and provide greater protection against child sexual abuse.

However, Opposition parties have expressed concern over the limited timeframe available to debate any proposed changes to the Constitution. This could delay a referendum until after the next general election, expected to take place in May.

Taoiseach Bertie Ahern, who supports the idea of a pre-election referendum, has said he will only press ahead with the plans if there is all-party consensus on the issue.

The wording for the referendum will seek to insert five clauses in the Constitution.

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Among the planned changes are a provision for the introduction of a strict liability offence for adults who have sex with children. This would remove the defence of "honest" mistake available to adults and introduce a zone of absolute protection, below which it would be automatically criminal to have sex with a child.

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

Other planned changes include making a child's rights more explicit; introducing a uniform standard of child protection for all children, regardless of the marital status of their parents; ensuring the best interests of the child apply in court cases relating to children; and allowing children born into a marital family to be adopted.

Minister for Children Brian Lenihanbriefed Opposition parties on the proposed wording in recent days.

While they have broadly welcomed it, a number of parties last night expressed concern over the lack of time available to fully debate the proposals. Fine Gael's justice spokesman, Jim O'Keeffe, said: "These issues will take time to tease out. You have to question whether it is wise to rush headlong into these amendments without going through a proper process of consultation."

Labour's Brendan Howlin said: "We need time to allow proper analysis and discussion of the proposals. The last thing we need is a referendum with a low turnout where people are confused."

He also expressed concern at plans to "bundle" the issue of children's rights with child protection issues, so that people would be asked to vote just once instead of separately.

The Green Party and Sinn Féin, who have expressed cautious support for the plans, have also signalled that more time is needed to debate the issues.

However, the Irish Council for Civil Liberties (ICCL), which met Mr Lenihan privately last night, expressed disappointment that the planned referendum did not properly recognise children's rights.

ICCL director Mark Kelly said: "It is very clearly not a referendum on children's rights. . ."

Carl O'Brien

Carl O'Brien

Carl O'Brien is Education Editor of The Irish Times. He was previously chief reporter and social affairs correspondent