The Irish Council for Civil Liberties has welcomed the Second Interim Report of the Joint Committee on the Constitutional Amendment on Children, which was published this morning (7 May 2009).

The rights watchdog said that the Committee’s report provides positive evidence that legislators are prepared to act to protect children in a way that respects the rule of law.

Speaking shortly after the Joint Committee released its report, ICCL Director Mr. Mark Kelly said:

“The Joint Committee has recognised that it is possible to protect children from exploitation in a more robust manner than under the current law, without trampling upon fundamental principles of justice and fairness.  The ICCL shares the Committee’s confidence that this can be done through legislative amendment, rather than by attempting to use a referendum to restore a law that the Supreme Court has declared unconstitutional.”

In order to assist members of the Oireachtas with the delicate task of drawing up the necessary amending legislation, the ICCL has today made available an “options paper”, Protecting Children and Respecting the Rule of Law, outlining five ways in which pressing child protection concerns can be addressed without undermining the fundamental rights of persons accused of crimes.

Mr Kelly added that:

“A referendum is not required to address the issue on which the Joint Committee has reported today. However, constitutional change to give full effect to express rights for children in Irish law is long overdue. The Joint Committee will return to this thorny subject in the next phase of its work, and the ICCL trusts that it will produce a robust agenda for change, so that Ireland can finally meet its obligations under the United Nations Convention on the Rights of the Child”.

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