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RCNI Press Release 19 February 2007

Children’s protection cannot tolerate any unnecessary delay in holding referendum

Rape Crisis Network Ireland (RCNI) today welcomed the wording for the proposed referendum but cautioned that there was undeniable urgency in passing this referendum from a child protection point of view. They called on all political parties to place the interests of children in this referendum above any party political or election interest in the coming months and for the government to name a date.

Fiona Neary, RCNI Executive Director said, ‘there are many specific issues in this referendum at the heart of all of them is better child protection. The strict liability measure in this referendum is about ensuring the child witness in a statutory rape case is protected, as far as possible, from further harm in our courtrooms, when the State prosecutes sexual offenders. It is a cornerstone in our efforts to protect children and hold perpetrators to account. As the Child Protection Report (2006) found, the absence of strict liability would result in the ‘impunity of [the] sexual offenders’ (5.5.10)’.

Every day that passes, without strict liability and with an inadequate vetting system puts more and more children at risk. There can be no complacency. Vulnerable and at risk children cannot wait any longer for this protection to be reintroduced.’

Clíona Saidléar, RCNI Policy Coordinator said, ‘The RCNI are firmly of the belief that, given the will, there is sufficient time for the public to become fully informed for a referendum to be held before the general election. Postponing this referendum until after the election would mean, at the very best, a six month delay. This is not a price children in Ireland should be asked to pay. The RCNI are confident in the level of public debate, the level of consultation over a number of years and the level of commitment shown by this government to tackle this issue in a thorough, sincere but urgent manner. While it is to be regretted that more recent consultation has not included the final wording of the referendum, we expect any remaining differences to be agreed as this legislation passes through the Dáil and Senate.‘

Kate Mulkerrins, RCNI Legal Coordinator said, ‘Strict liability is the best way we know to protect children from the trauma of aggressive cross examination in cases of sexual activity. Accordingly we believe that nothing must impede the re-introduction of strict liability in as timely a manner as is possible, we therefore question the usefulness at this juncture of omitting the word ‘sexual’ in the text which may have the effect of confusing voters as to exactly what they are being asked to vote on.

Notes:

 - The RCNI is the national forum of Rape Crisis Centres, which provides a strong voice for survivors and is a catalyst for social change to end rape and all forms of sexual violence.
 - There have been 10 months of public debate on statutory rape and related issues since the CC case in May. The Child Protection Committee spent five months in intensive and widespread consultation before delivering its report in November 2006.
 - The issue of a child’s best interests in our Constitution has been debated for many years and was recently brought to the fore by the baby Ann case late last year.
 - Both the Ferns (2005) and the Child Protection Committee’s (2006) Reports call for the introduction of ways to share information about those who are considered a danger to children.


For information please contact:

Fiona Neary 087 2222009

Cliona Saidlear 087 2196447

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