MINISTER FOR Children Barry Andrews has signalled that the Government may introduce new laws to strengthen child protection and boost children's rights as an alternative to holding a divisive referendum.
The Government had pledged to hold a referendum following the striking down of the offence of statutory rape by the courts two years ago.
Instead, a range of legislative options which may not need a change to the Constitution are being explored.
These include laws which could allow for the sharing of "soft information" relating to suspected sex offenders; to protect young people from sexual assault; and protect young rape victims from adversarial cross-examination.
In an interview with The Irish Times, Mr Andrews said there was now a "general consensus" that many of these issues could be dealt with by way of legislation.
He insisted the apparent shift in the Government's position was not linked to its recent defeat in the Lisbon Treaty referendum.
No formal decision had been made yet over whether a plebiscite will be held and an all-party Oireachtas committee chaired by Mary O'Rourke TD will make recommendations to Government on the issue later this year.
"This isn't about whether to hold a referendum, per se. It's about providing greater protection for children and ensuring children grow up in the best possible environment," Mr Andrews said.
"The committee has been exploring the degree to which changes can be made through legislation as opposed to a referendum. They've been looking at all those aspects, such as ensuring the best interests of a child apply to court hearings, how the State deal with children, the question of voluntary adoption and soft information."
The Minister said legal advice suggested that laws to protect young people from sexual assault by adults and the sharing of "soft information" over suspected sex offenders could be introduced through legislation rather than holding a plebiscite.
Other issues which were due to be voted on in a referendum relating to children's rights - such as ensuring the best interests of a child prevail in court cases and allowing for the adoption of children in long-term care - may also be possible through legislation.
"The best interests of children is what we're talking about. In some cases, that's already in legislation, such as guardianship, childcare and adoption acts. Also, children's rights are already in the Constitution, albeit they are unenumerated."
Perhaps the most controversial proposal was to provide greater recognition for children's rights. Some lobby groups expressed fears that this would undermine the rights of parents, many of whom were on the victorious "No" side in the Lisbon Treaty referendum.
"We're not going to turn our backs on a referendum forever just because we've had one reverse," he said.
"People are entitled to their views. Referendums are a very legitimate way of changing the Constitution; no one is saying we should never change the Constitution again. The advice the committee received is that changes should only be proposed where there are compelling reasons to do so."
