The Government has reneged from a solemn promise to bring in statutory rape laws and improve children's rights under the Constitution, Fine Gael has warned.
Fine Gael TD, Alan Shatter said Mr Cowen must "clarify immediately" if he has abandoned his predecessor, Bertie Ahern's decision to hold such a referendum.
The Oireachtas Committee on Child Protection, headed by former Cabinet minister, Mary O'Rourke, is simply bringing in witnesses to repeat previous testimony, he said.
Publishing Fine Gael's plans, the age of consent would remain at seventeen, while adults would not be able to claim in any way that they were unaware of someone who subsequently turned out to be less than fifteen.
Adults would have some grounds for defence if their sexual partner was aged between 15 and 17, but they could not base a defence on the child's dress or demeanour.
In a bid to ensure that young males are not prosecuted for having sex while girls are not, the Director of Public Prosecutions would have discretion to decide whether a prosecution should take place. However, the couple would have to be of proximate age, no coercion is involved, and neither is in a position of authority over the other – for example being a babysitter, or a sports coach.
Fine Gael, Labour and Sinn Fein have all produced their proposals on what should happen next, but the Government has failed to do so. Minister of State Barry Andrews, said Mr Shatter, has frequently over the summer indicated that a referendum is not necessary.
Mr Shatter said he could not accept this version of events, since the Government in 2007 "presumably under the advice of the Attorney General" published a Bill proposing such a referendum.
"Since the Lisbon Referendum, Fine Gael became concerned that the Government intended to renege entirely on the commitment given by former taoiseach Bertie Ahern on behalf of the Government to hold this vital Constitutional Referendum.
“Legal advice given to the Committee on the issue of statutory rape is absolutely clear – if the Oireachtas is to enact legislation to reinstate an offence of absolute liability, it can only do so following a Constitutional Amendment approved by the people at referendum.
"It is also clear from the legal advice received by the Committee that if the Oireachtas is to address gaps in our children's laws highlighted by former taoiseach Bertie Ahern TD, such as some of those which presently exist in the area of adoption, it can only do so following a constitutional amendment approved by the people in a referendum
For Minister Andrews or Chairman O'Rourke to suggest otherwise is baffling and wrong in the context of the clear legal advice given by Counsel appointed to the Committee on these issues," he said.
The committee will hold its next meeting tomorrow at noon, though there is little likelihood that the Government's proposals will be published by then.
