The Government's planned referendum on children's rights, which could change as many as three separate articles of the Constitution, may only present voters with one question.A report earlier this week in The Irish Times suggests that the Government is thinking of connecting the issue of children's rights under the Constitution together with a proposal to abolish the defence of honest mistake for the offence of statutory rape.
It is felt that a proposal to remove the defence of honest mistake for sexual intercourse with minors would prove popular, and that by linking that issue with the question of children's rights and the position of the family, the Government could secure a solid majority.
Government ministers are thought to be worried about potential opposition to the proposed referendum. Some groups, including parents of autistic children, have already expressed concerns about the impact of the referendum on the rights of parents.
Minister for Children Brian Lenihan is leading a consultation process involving Opposition parties, churches and non-governmental organisations. However, Government sources have been eager to stress that a wording has not yet been finalised.
Government sources suggested that the Cabinet would consider a proposed wording in the next few weeks.
The background to the proposed Constitutional change is the Supreme Court's decision last May to strike down the current law on statutory rape. The Court found that the law was unconstitutional on the basis that it did not allow a defence of honest mistake over a victim's age.
The ruling led to a crisis after the High Court found that one man convicted and detained under the old law was being detained unconstitutionally. The Supreme Court later overruled this decision.
According to the report in The Irish Times, Government sources say that removing the "honest mistake" defence without a Constitutional amendment has proved impossible.
Plans are also underway to use the amendment to enable the Oireachtas to draft a Bill which would create a "zone of absolute protection", below which it would be automatically criminal to have sex with a child. The plan would also prevent rigorous cross examination of children about their age or conduct in court during a rape case.
The idea is thought to have widespread political support. However, it is felt that civil liberties groups may oppose the move on the grounds that the removal of the defence of honest mistake is an erosion of the right to a fair trial.