Minister Jim O’Callaghan secures Cabinet approval of the General Scheme of the Guardianship of Infants (Amendment) Bill 2025
- Foilsithe: 1 Aibreán 2025
- An t-eolas is déanaí: 12 Aibreán 2025
The Minister for Justice Jim O’Callaghan has secured Cabinet approval to start pre-legislative scrutiny and then to commence drafting of legislation that will, in certain situations, remove guardianship rights from individuals convicted of killing their partner or the other parent of their child.
Minister O’Callaghan believes issues around guardianship of children in a scenario where one parent or guardian kills the other should not be regarded as a matter of private law between the families concerned but, instead, should be regarded as a child protection and welfare issue arising in the public law area.
The proposed legislation delivers on the Programme for Government commitment to “examine proposals to remove guardianship rights from those convicted of killing their partners or a parent of their child”. It is part of the ongoing work to implement appropriate recommendations from the Study on Familicide and Domestic and Family Violence Death Reviews.
Minister O’Callaghan said:
“Our laws must reflect the gravity of these offences. This is above all about the welfare and protection of children.
“It is my view that issues arising around guardianship of children in a situation where one parent kills the other should not be regarded as a matter of private law to be determined between the families concerned but should be regarded as a child protection and welfare issue arising in the public law arena.
“This proposed legislation upholds a fundamental principle - those convicted of the most serious crimes should not retain automatic legal authority over the children they have left behind.”
This General Scheme of the Guardianship of Infants (Amendment) Bill 2025, which will be referred to the relevant Joint Oireachtas Committee for pre-legislative scrutiny, is intended to prevent vulnerable children from further trauma, to provide clarity for surviving family members, and to prevent perpetrators from maintaining control over these children’s lives.
The proposed legislation allows for an application to court within six months of the conviction of a parent or guardian of a child for murder or manslaughter of another parent or guardian of the child. On this application the court will make an order removing or confirming the convicted parent or guardian. The legislation will not be retrospective.
Minister O’Callaghan added:
“Pre-legislative scrutiny is an important process in our parliamentary system, I look forward to the outcome of those discussions. I thank my government colleagues for their support.”
Following pre-legislative scrutiny, drafting of the Guardianship of Infants (Amendment) Bill 2025 along the lines of the General Scheme will commence.
Notes
A Study on Familicide & Domestic and Family Violence Death Reviews
The independent review of familicide, published in May 2023, was commissioned by the Department of Justice. As part of the review, there was extensive engagement with non-governmental organisations, with State agencies and most importantly with family members of victims.
A significant number of the recommendations made in the familicide review are being progressed as part of our work to tackle domestic abuse and protect victims. A team was established in the department to review and progress other recommendations made in the review, including a recommendation on restricting parental rights in cases of domestic homicide.
Consultation has taken place with stakeholder groups comprising relevant officials, civil society partners and, the families of victims, including those who contributed to the review.