It is critically important that constitutional changes proposed by the Government concerning the protection of children are meticulously examined and their implications for future legal rights are comprehensively assessed.
Reform in the area of family law is rare. Politicians are reluctant to interfere with the very bedrock of society because of possible, unintended consequences. But recent controversial court decisions and a growing public awareness of the needs and rights of children have compelled the Government to take action.
That is fine. What the Government is proposing, however, is a fundamental change in the rights of children versus families in the Constitution and it is advancing a provision that would enable the detailed changes to be made by the Oireachtas, not the people. This is a complex proposal with consequences that should be the subject of public debate.
The debate should not be portrayed in a black and white fashion at this time in the election cycle. The rights of children - and families - are too important.
Ireland has the highest proportion of young people within the EU, with more than one million children. The Government presides over one of the highest child poverty rates in Europe and the most expensive childcare system. Primary education is inadequate; medical services deficient. These challenging issues should not be obscured by a debate on limited constitutional change.
There are some welcome and positive elements in what the Government proposes to do. Minister of State for Children Brian Lenihan should be complimented on his diligence. But the complexity of this area of competing family rights is so great that the constitutional and legal implications of what is being proposed should be fully explored through public debate before a referendum date is set.
The proposed changes respond to Supreme Court judgments involving sexual offences against young persons and adoption. It is intended to ensure that in cases of statutory rape, children cannot be cross-examined in court on the issue of consent. All children will be treated equally in future, irrespective of the marital status of their parents. Difficulties surrounding the adoption of children in long-term care will be swept away. And provision will be made for the exchange of "soft information" concerning individuals who have unsupervised access to children. In addition, laws protecting children up to 18 years of age may be made in areas involving both sexual and non-sexual offences.
The Opposition parties have expressed general agreement with what has been proposed. Some believe the reforms do not go far enough. Others have reservations about the specific provisions. All agree, however, that a referendum should not be rushed and that insufficient time remains for a thorough debate before the Dáil is dissolved. They are correct. There is no need now to rush into a referendum which can be held in the autumn.