Opposition parties join in concern over 'child' referendum

Both Fine Gael and Labour have expressed concern that the Government will hold one composite referendum in March to cover both…

Both Fine Gael and Labour have expressed concern that the Government will hold one composite referendum in March to cover both children's rights and child protection issues.

Labour Party leader Pat Rabbitte said it appeared there will be a referendum to "bundle" the issues together so that the people will be asked to vote just once instead of separately, and that the party had warned against such a move in a meeting with Minister for Children Brian Lenihan before Christmas.

Fine Gael justice spokesman, Jim O'Keeffe told The Irish Times that while the party is waiting to see what the Government is proposing he would share Mr Rabbitte's concern if that involved one referendum.

Mr Lenihan said last night the concerns are based on "supposition and speculation" and urged the parties to wait to see what the Government is proposing before they come to any conclusions.

READ MORE

He said he planned to meet the parties next week to outline proposals and said the Opposition parties "should wait until then before they pass judgment".

When asked if a decision had been taken to roll all the issues into one referendum Mr Lenihan said he was not prepared to discuss that but would be consulting with the parties.

However, Mr Lenihan said it was "foolhardy" of Mr Rabbitte to suggest that child protection is separate from children's rights.

"The most important right of all for children is the right to be protected in all respects, including in the criminal justice system." The Government was hoping for all-party support on its plan to address the fallout of the statutory rape crisis in a March referendum and consulted with the Opposition before Christmas on the issue.

It is understood the Government is planning one referendum proposing the removal of the defence of "honest mistake" for an adult who has sex with a child in tandem with existing plans for a referendum on children's rights announced by the Taoiseach in November.

As well as removing the defence of honest mistake, The Irish Times revealed on Tuesday the amendment is likely to propose authorising the Oireachtas to draft legislation to provide for a "zone of absolute protection" below which it would be criminal to have sex with a child.

It is understood officials are planning an amendment which would not make any reference to age of consent but would allow the Oireachtas to decide at what stage the zone of protection should be enforced.

However, Mr Rabbitte claimed the Government argument seems to be that the more controversial aspects of the package may be "carried over the line" in the referendum by being bundled with the more popular parts.

"The opposite may prove to be true, that the package as a whole is at risk of failing if one or more parts of it prove unacceptable. It is quite possible that a temporary coalition of disparate interests, opposed to different aspects of the package on radically different grounds, will unite in an attempt to defeat this referendum," he said.

He said if all the issues are bundled together on a take-it-or-leave-it basis, he would have grave concerns as to the likelihood of success for the project.

Mr O'Keeffe stressed he will wait to hear what Mr Lenihan, is proposing.

"I can understand Pat Rabbitte's concerns and feel they need to be dealt with. We have agreed the proposal at the Child Protection Committee to 'absolute zone of protection' and I am waiting to see the wording."

Mr O'Keeffe added that he has yet to see specific proposals.