The Government has rejected an Opposition call for an early and limited referendum on children's rights following the collapse of the C case yesterday.
Minister of State for Children Brendan Smith said the Government was proceeding with its plan to put a comprehensive constitutional amendment to the people later this year.
The Fine Gael spokesman on children, Alan Shatter, had called for an early referendum on a more limited amendment which would allow the Oireachtas to enact essential criminal legislation to protect children from sexual predators.
Government sources said last night it was unrealistic to expect two children's referendums in a year.
A Joint Committee on the Constitutional Amendment on Children was established last November under the chairmanship of Mary O'Rourke. Its terms of reference are to examine the proposals to amend the Constitution and report back to the Houses of the Oireachtas by the end of March.
"The committee is progressing with its work and the Government awaits the outcome of its deliberations. It continues to be the preference of the Government, as has been outlined repeatedly over recent months, that an amendment to the Constitution in relation to children, based on all-party consensus, will be put to the people during 2008," Mr Smith said last night.
Mr Shatter maintained that the withdrawal of charges in the Circuit Criminal Court yesterday in the C case emphasised the urgency of the referendum to protect children from sexual predators.
He expressed agreement with Ms O'Rourke that it was undesirable that the referendum on children's rights should coincide with the referendum on the Lisbon Treaty.
"Substantial work has to be undertaken by the Oireachtas committee appointed to consider the original proposal on children's rights published last year by the Government."
He added: " There is no realistic possibility in my view that the committee will complete its work and bring forward the amended comprehensive and considered constitutional proposal prior to June next so as to enable the Children's Rights Referendum to take place before the summer vacation period."
Mr Shatter expressed concern that the complexity of the issues involved could create difficulty and confusion if publicly debated in the midst of a debate on the Lisbon Treaty.
Yesterday the man whose successful Supreme Court challenge led to the unlawful carnal knowledge legislation being declared unconstitutional had sexual assault charges against him dropped at Dublin Circuit Criminal Court.
These charges were brought by the DPP when the charge of unlawful carnal knowledge had to be dropped following his successful Supreme Court challenge to the Act under which he was charged.
The court found that it was unconstitutional that he could not put forward a defence of mistake as to the age of the girl with whom he had had sex, who was 14 at the time.
Isobel Kennedy SC, prosecuting, told Judge Patricia Ryan yesterday that the State wished to enter a nolle prosequiin relation to the charges against the man known as "Mr C".
The case goes back to 2001, when "Mr C" faced four charges of unlawful carnal knowledge with the same girl.
He pleaded not guilty on the basis he believed she was 16. An offence still existed under the law, but was less serious if the girl was over 15. The girl is now 20.
Under Section 1.1 of the 1935 Criminal Law Amendment Act no defence was possible to having sex with a girl under the age of 15, once her age and the act of sex were confirmed. "Mr C" challenged this successfully in the Supreme Court in May 2006, sparking a major controversy as other men also charged with or convicted of unlawful carnal knowledge sought to have their cases dismissed. The Supreme Court ruled that a man who pleaded guilty to sex with an underage girl could not benefit from the ruling, thereby closing the door on convicted abusers being released.
A law was rushed through the Dáil in June 2006 making sex with children an offence but allowing for a defence of "honest belief" on a girl's age.
It made sex with a child under the age of 15 punishable by up to life imprisonment, and sex with a child between 15 and 17 punishable with five years in prison.