Poll on children may be delayed to 2009

The Government's planned referendum on children may be delayed until next year as a growing consensus emerges that it should not be held on the same day as the Lisbon Treaty poll.

The chairwoman of the Joint Committee on the Constitutional Amendment on Children, Mary O'Rourke TD, said yesterday that many committee members felt the two referendums should not be held on the same day. "I'm of that view and it's one shared by quite a few members," she told The Irish Times. "It's not our decision as to what will happen, but I would expect our advice will be taken on board by the Government.

"They are both equally important issues and to try to lump them together in a catch-all poll could lead to terrible misunderstanding, both on the European issue and the children's issue."

Ms O'Rourke is the latest senior political figure to say the two referendums should not be held on the same day.

Minister of State for European Affairs Dick Roche and Fine Gael leader Enda Kenny have also said they are opposed to a "double referendum".

The Government has yet to make a decision on the date of either referendum, while Minister for Children Brendan Smith has said he is still hopes to hold the referendum on children this year. However, a number of senior sources say it is highly unlikely that two referendums will be held in 2008.

The Joint Committee on the Constitutional Amendment on Children, meanwhile, has been tasked with agreeing proposed changes to the Constitution by the end of April. The amendments will be aimed at providing greater recognition for children's rights, as well as providing for more robust child-protection measures.

The committee will resume later this month and is likely to hear the views of a range of groups, including religious leaders and children's rights campaigners, before debating the terms of a constitutional amendment.

The committee's terms of reference include: drawing up recommendations for making the rights of children more explicit; removing obstacles for the adoption of children in care; and ensuring the best interests of the child apply in court processes relating to adoption, guardianship, custody and access. There are already signs that it could be difficult to secure all-party support on the referendum given the divisions between the Government and Opposition parties on children's rights.

There is likely to be broad agreement on measures to improve child protection, such as tougher laws for adults who have sex with children and allowing State agencies to share "soft" information about suspected paedophiles. However, Opposition parties have already signalled that a significant period of time will be needed to debate children's rights issues as they are more complex and controversial.

Senior members of the Opposition are wary that strengthening children's rights could lead to a divisive referendum, with some groups fearful that parents' rights would be undermined. However, Mr Smith and other members of the Government have insisted that the legal position of parents will not be adversely affected.

© 2008 The Irish Times

This article appears in the print edition of the Irish Times