Brian Cowen (Laois-Offaly, Fianna Fail)

I have indicated in my primary reply where we believe the possibility of referenda would be considered, namely, in the area of children's rights in the context of Article 41.2 of the Constitution in order to broaden the reference to the role of women in the home to one which recognises the role of the parent in the home, and then to consider the establishment of a court of civil appeal. Those are the areas where the Government believes this should be considered.

With regard to the question on children's rights, the first interim report brought forward a legislative proposal which is being prepared. The second interim report, which was about trying to find a consensus on this issue, failed to find a consensus. One view in the second interim report, held by some members of the committee, favoured a constitutional amendment to permit legislation to be enacted that would remove the possibility of relying on any defence of mistake as to age in two circumstances, namely, where an adult has engaged in a sexual act with a child below a certain age, and where an adult in a position of authority has engaged in a sexual act with any child, that is, a person below the age of 18. There is, however, a contrary position that is also referred to by the committee - the majority view, as I understand it. In part, it is based on the view that the Oireachtas should pursue whatever legislative options might be available to put in place a stricter statutory regime that would also pass constitutional muster before proceeding with a proposal to amend the Constitution.

Subsequently, the Minister for Justice, Equality and Law Reform, on behalf of the Minister of State with responsibility for children and youth affairs, obtained Government approval on 8 December last to prepare the general scheme of a Bill implementing the recommendations, including the recommendations of the majority of members where there was no unanimity of the second interim report. That recommendation, where there is a majority rather than a consensus, is about proceeding by way of legislation rather than by constitutional amendment in the first instance.

Therefore, the position has emerged as a result of these detailed deliberations by the committee and the Government has indicated how it intends to proceed. As I understand it, a third report is due on 18 February next which deals with the rights of children and family law aspects of any prospective amendment as to whether a constitutional amendment would be provided for. I await the report before I make any comment on that.

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