Anger as child protection referendum in doubt

CHILD welfare groups have reacted angrily to news that a referendum on the protection of children may not go ahead as promised by the Government.

Fianna Fáil members of the Oireachtas Committee on Child Protection, established to draw up the exact wording of the referendum, have received legal advice that the issue of the age of sexual consent can be dealt with by passing legislation through the Dáil and Seanad. This would mean that a referendum would not be needed to close the loophole identified in the wake of the Mr C case.

Barnardos — the support group for vulnerable children — has questioned the political will to solve the issue.

Chief executive, Fergus Finlay, said: “Just last year the Government claimed that it would like to see a Constitution in which the welfare of the child would be paramount. Since that statement the only thing that has changed is political will.”

More than two years ago Mr C was successful in his appeal against the constitutionality of the law making a person automatically guilty of “statutory rape” if they had sex with a girl under the age of 15.

The Supreme Court ruled that the statutory rape legislation was an affront to natural justice because it did not allow the defence of “honest mistake” whereby a defendant could maintain he genuinely believed the girl was over the age of consent.

Mr Finlay said a referendum is needed urgently: “We need to learn from the mistakes of the past and create a new culture where children can be assured of full protection under the law; where they will not end up as witnesses in cases where the defence of ‘honest mistake’ is argued; and where the courts have the support of the constitution in making decisions that respect a child’s rights and promote their well-being,” he said.

ISPCC chief executive Ashley Balbirnie said: “Inserting new wording into our Constitution that overtly upholds the rights of the child is not a frightening or revolutionary proposition. It will make a difference in people’s lives. But that difference will be felt by children who otherwise might be in danger, who might be forgotten, or whose families might not be given the supports to nurture their children’s potential and build a decent future for their kids.”

Fianna Fáil is due to submit its position paper to the committee next month. Chairwoman Mary O’Rourke said it is “not at all clear that there would be a referendum”.