Jan O'Sullivan (Limerick East, Labour)
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Question 58: To ask the Minister for Health and Children the input she has had into discussions on proposals aimed at inserting the rights of children into the Constitution. [6525/09]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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Responsibility within the Department of Health and Children for the proposal to amend the Constitution in relation to children has been delegated by Minister Harney to the Minister for Children and Youth Affairs.

As the Deputy is aware, the Twenty-Eighth Amendment of the Constitution Bill, 2007, was published in February 2007 on the basis of proposals brought to Government by the then Minister for Children Mr Brian Lenihan TD. The Bill contained the Government's proposal to amend the Constitution in relation to children. The Programme for Government of June 2007 committed to deepening consensus on the issue and to this end, the Joint Committee on the Constitutional Amendment on Children [JCCAC] was established in November, 2007. My colleague, Deputy Dermot Ahern, TD, Minister for Justice, Equality and Law Reform, and I are ex officio members of the Committee. I have lead responsibility, on behalf of the Government, in regard to the co-ordination of the policy issues arising in relation to its work. Due to the complexity and sensitivity of the issues being dealt with by the Committee, its term has been extended on two occasions and it is now due to report back to the Oireachtas by 9th April 2009.

On 11th September 2008 the Committee presented to the Oireachtas an Interim Report on the exchange of soft information. I welcomed the interim report and, in consultation with my Government colleagues, have commenced the process of preparing the relevant legislation. The Childcare (Collection and Exchange of Information) Bill is included in the Government's Legislative Programme for the Spring Session 2009.

The Committee is currently finalising its deliberations in relation to Article 42 (A) 5.2 and 3 in relation to absolute and strict liability (statutory rape) and a second interim report is expected from the Committee on this matter in the coming weeks.

In relation to the remaining issues contained in Twenty-Eighth Amendment of the Constitution Bill 2007 the Government awaits the outcome of the deliberations of the Joint Committee on the Constitutional Amendment on Children before progressing further.