Social workers will not be given new and additional powers to intervene in families under the 
Government’s planned children’s referendum, according to a report in the Irish Independent.
Currently, the Constitution only allows the State to remove children from their families “in exceptional cases” where parents, for physical or moral reasons, fail in their duty towards their children.
According to the report, the new wording retains the phrase “in exceptional cases”. It is thought that Government feared the consequences of the referendum being derailed over an argument about State interference in the family.
If the referendum is passed, children will only be removed from their homes in exceptional cases using “appropriate means provided by law”, which is what the law currently provides for.
In the wake of a report into the Roscommon abuse, some politicians and commentators claimed that the current position had been partly responsible for the lack of action.
However, child law expert Geoffrey Shannon, who backed a Constitutional amendment giving more power to the State to intervene in families, rejected this suggestion.
Speaking in the wake of the report, Mr Shannon said that all of the legislation needed to protect them was already in place.
He said: “I heard yesterday people making reference to the fact that if we had a referendum, this case would have been decided differently. I respectfully disagree.”
He said that the Child Care Act 1991 allowed social workers to apply for an order to the District Court to allow them to monitor children that they believe are at risk of abuse.
Last night, Children’s Minister Barry Andrews gave opposition parties the final wording of the referendum, already approved by the Cabinet.
Several government departments also strongly opposed previous wording proposals over fears that the referendum, if passed, would ‘open the floodgates’ to litigation by neglected children who claim they were failed by the State.
Officials are preparing to publish a bill within days with a view to a poll on the day of the General Election.
The provisions, if passed, will apply to all children regardless of their parents’ marital status without interfering with the constitutional protection afforded to the family based on marriage.
The proposed new Article 42 of the Constitution contains a provision that the welfare and best interests of a child be considered, as far as practicable, in adoption, custody and guardianship disputes.
It includes a provision for children to be heard in certain proceedings.