Bertie Ahern (Dublin Central, Fianna Fail)

No date is fixed for the eligibility for health and personal social services Bill or the health information Bill. There is a detailed discussion paper on a whole range of sensitive issues.

My preference all of last year, based on the commitment we gave in 2006, was to hold a referendum on the substantive issue of children's rights. This suggestion emanated first from the constitutional review group set up by the then Taoiseach, former Deputy John Bruton, in 1996. This was considered by the United Nations Commission on Human Rights on at least two occasions, and it was concluded that we should revise the Constitution. A Bill was introduced by the Minister, Deputy Brian Lenihan, on 19 February last year and we sought all-party agreement to bring the Bill forward. It was felt that it was wrong to rush the Bill prior to the general election. I was asked here not to do that and I agreed, but said that we would give a commitment to deal with the matter within 12 months or so. The general election then took place and the Joint Committee on the Constitutional Amendment on Children started up in the autumn. The committee is now in agreement that it will not be possible to go through the substantive issues and tease them all out during 2008. It might complete its work but it will not be in a position to deal with legislation that covers all of this area.

Deputy Kenny has put forward an alternative proposal that we consider the limited issue of the age of consent and the Government is prepared to consider this and see whether we can get agreement. Whether this is possible or not, we must consider it because it is not a simple issue of the age of consent — there are other matters that must be dealt with. We cannot fix a date until we do this because we cannot plan a referendum without agreement on the subject of the referendum. We must make a decision on that issue and then we can decide on a date for the referendum. We want to do this by agreement because we must deal with the referendum Bill itself.

There is a danger that if the issue of the age of consent is decoupled from general issue of children's rights, the referendum on the general issue may be put on the back burner. I have seen this happen previously. I will not say it is not a possibility. However, this is a danger irrespective of whether the issues are decoupled. We will need to discuss it and come to a decision on whether it is possible to do this.

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