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 in today’s Irish Times suggests that the Government plans to link the question of children’s rights in the Constitution together with the issue of abolishing the defence of honest mistake for the offence of statutory rape.

The claim comes as Government fears grow about the potential opposition to the amendment. According to the report, Government ministers fear that growing disquiet about the potential impact of any amendment on the rights of parents could cause the proposal to fail. Already, a number of groups, including some representing autistic children, have expressed concern about the possible effects of the proposed referendum on the rights of the family.

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 more controversial question of children’s rights and the position of the family, the Government could secure a solid majority.

At present, 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.

It is thought that the Cabinet will consider a proposed wording in the next few weeks.

The impetus for the change in the Constitution comes from 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 Government sources, removing the “honest mistake” defence without a Constitutional amendment has proved impossible.

The Government are also planning 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 rigourous cross examination of children about their age or conduct in court during a rape case.

The idea is thought to have cross-party Dail support. However, it is believed 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.