Brian Cowen (Laois-Offaly, Fianna Fail)

I propose to take Questions Nos. 8 to 13, inclusive, together.

When I last answered this question I indicated that two potential referendums are being considered for 2009, one relating to the Lisbon treaty and the other to children's rights. On the Lisbon treaty, Deputies will be aware that agreement was reached at the December European Council that, if the treaty comes into force, all member states will retain a Commissioner. It was also agreed that a number of other concerns of the Irish people, which I spelled out at the Council meeting, would be addressed satisfactorily, including by way of appropriate legal guarantees. On the basis of this agreement at the European Council, and on the condition of our being able to agree the satisfactory texts of legal guarantees in the coming months, I have said I would be prepared to return to the people with a new package and to seek their approval of it in a referendum.

The other potential referendum is in the area of children's rights. In this regard, Deputies will be aware that the second interim report of the Joint Committee on the Constitutional Amendment on Children on absolute or strict liability in respect of sexual offences against or in connection with children was published recently. On the central issue, that of a constitutional amendment to re-instate absolute liability in the wake of the CC case, the report states, "Two distinct views emerge" and that, "The Committee has not been able to reconcile these views and, accordingly, is unable to make an agreed recommendation on the issue". The different views emerging from the committee's report will now be examined and proposals will be brought to the Government in due course.

Deputies also asked about the recommendations of the All-Party Committee on the Constitution and its successor, the Joint Committee on the Constitution. I would like it put on the record again that neither I nor my Department are solely responsible for the implementation of all the recommendations of these committees. The fine work of the current committee and its predecessors has produced 12 reports which form a very useful repository of informed work on various aspects of the Constitution. However, the committee does not report to me. The reports are published and the recommendations are made for all. As issues arise they will be dealt with appropriately and the valuable information contained in these reports will be availed of.

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