The Government is considering inserting a new clause into its wording for the planned referendum on children's rights which would allow the use of "soft information", such as accusations of rape or child abuse, in the vetting of adults working with children.
The change would mean the Garda could be given powers to warn childcare facilities or schools if a person applying for a job had been accused of abusing a child, even if the applicant was never convicted of an offence.
"Soft information" is often regarded as unproven material that is not substantive enough to allow a specific conviction to be made, but which indicates a concern over the suitability of a person to have access to children.
The Ferns Report and the Joint Oireachtas Committee on Child Protection have both recommended such changes.
The biggest obstacle to the use of "soft information" has been the constitutional guarantee of the right of a citizen to his or her good name. A successful referendum could, however, make relevant changes to allow the exchange of "soft information".
A spokeswoman for Minister for Children Brian Lenihan confirmed yesterday that officials were still working on introducing such a provision into its wording for the planned referendum. However, the issue was still under consideration.
The wording is due to be published following Tuesday's Cabinet meeting.
Taoiseach Bertie Ahern has signalled his desire for a referendum before the next general election, which is expected in the summer. He said he will only press ahead with a referendum if there is all-party support.
There are growing signs, however, that it will be difficult to secure such support given the limited time-frame available to debate the issue.
Fine Gael, Labour and the Green Party have all emphasised in recent days the importance of ensuring the planned changes are properly examined and debated in the Oireachtas and among the general public.
Other changes to the wording include a strengthening of a section which would ensure that judges ensure the best interests of a child are of "paramount" importance in custody, access or adoption cases.
A reference to parents having "the primary duty" to vindicate "the natural and imprescriptible rights of the child" will be dropped from an earlier draft of the wording.
This change would break a perceived link of a child's rights with parental rights, and help ensure that rights of children apply equally to all children, regardless of the nature of their family unit.
In the protection of children taken into the care system under court order, the Government's proposed wording is being changed due to concerns that it could be seen as lowering the threshold for State intervention in families.
The original wording proposed that the State use "proportionate" means in intervening in families. This word will now be dropped.
