The Government should not devalue its broad agenda of advancing children's rights under the Constitution by linking their sexual protection with the Lisbon Treaty in a dual referendum. That idea has all the hallmarks of a political "stroke", designed to increase voter turnout for the Lisbon Treaty by linking it with an extremely limited, but popular, referendum on child protection. The issues are so important that they should be kept separate.
Ombudsman for Children Emily Logan, along with groups such as Children's Rights Alliance and Barnardos, have come out strongly against the proposal, arguing in favour of a single referendum on children's rights and child protection, to be held at a later date. They fear the momentum behind advancing the best interests of children under the Constitution could be lost if an anticipated referendum on comprehensive child-related issues is sub-divided.
They have reason to worry. In the past, successive governments displayed abject cowardice by failing to address complex and difficult constitutional issues surrounding the rights of the family and the individual in a changing society. If a referendum on the sexual protection of children is passed at this time, there is no certainty that politicians will choose to address the thornier issues - and risk a rebuff - in the near future. They would, more likely, behave as if all matters had been resolved.
Already, we have evidence of slippage. Following Supreme Court judgments on adoption and child sexual protection two years ago, Taoiseach Bertie Ahern announced his intention to hold a referendum on children's rights. But political disagreement on the extent of change required held things up. Then the election got in the way. Now an all-party Oireachtas committee is considering the wordings for a referendum. And disagreement continues over the nature of the legislation required to implement any constitutional change.
A low turnout in the Lisbon Treaty referendum would probably have a negative effect on the outcome, as happened with the Nice Treaty in 2001. Voter participation could be expected to increase if a parallel referendum, designed to protect children against sexual exploitation, was held at the same time. But the Lisbon Treaty and the fundamental rights of children are too important to be treated in this fashion. The strength of a democracy hinges on the involvement and commitment of its citizens. It is the duty of both Government and Opposition parties to engage directly with the electorate on the merits of the Lisbon Treaty and the importance of voting. And when that matter has been dealt with they should be equally forthright in addressing the needs of children under the Constitution in a comprehensive fashion.
Protecting and vindicating the best interests of children in the new millennium calls for a rebalancing of rights under the Constitution and changes in procedures and the law that go beyond matters of sexuality. These matters require separate and detailed consideration.