Joint Committee on Justice, Home Affairs and Migration publishes report on Pre-Legislative Scrutiny of the General Scheme of the Guardianship of Infants (Amendment) Bill, 2025

The proposed legislation meets the commitment in the Programme for Government 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.

The General Scheme intends 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 also 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 proposed legislation will not be retrospective.

Speaking on the launch of the report, Committee Cathaoirleach Deputy Matt Carthy said: “In welcoming this legislation, the Committee acknowledges that it is important to have in place a process through which guardianship rights can be removed or suspended from those convicted of killing their partner or a parent of their child, while the best interests of any child or children bereaved by the loss of their parent are prioritised.”

“The Committee wishes to acknowledge those who have campaigned for legislative change in this area, particularly the family of Valerie French who was murdered by her husband in 2019. The contribution of Valerie’s brother David French who addressed the Committee and took questions from members during the pre-legislative scrutiny process was crucial in informing our work. In undertaking pre-legislative scrutiny, the Committee has sought to scrutinise the proposed legislation and provide recommendations on areas where it believes change or amendments are warranted.”

“Among the areas identified for further examination within the General Scheme include the designation of Tusla as the sole entity that can submit an application to the Court to remove or suspend guardianship, whether guardianship should be suspended under such Court orders as opposed to removed, and allowing the discretion of the Court in certain cases to ensure they are handled in the best interests of the child.”

“A copy of this report and recommendations will be sent to the Minister for Justice, Home Affairs and Migration and we hope this report will help to inform the legislative process and make a valuable contribution to the forthcoming legislation.”

The Committee’s report makes 30 recommendations, a number of which are outlined below:

The Committee recommends that consideration is given to inserting a provision in the General Scheme to explicitly exclude from the suspension of guardianship rights victims of domestic violence convicted of manslaughter when found to be acting in self-defence, or where there has been a history of domestic abuse towards the alleged perpetrator.

The Committee recommends that a legal review is undertaken to examine the mechanisms available to Tusla under child welfare concerns and child protection obligation to determine if there is a legitimate basis to suspend guardianship once a parent/guardian is arrested and charged with the death of the other parent/guardian.

The Committee recommends when determining whether the parent who perpetrated the violence should exercise custody, guardianship or access rights, a customised expert assessment is undertaken. The assessment should account for individual family circumstances, the child’s wishes and best interests as well as risk elements such as the presence of coercive control

The Committee recommends that consideration is given to including a provision under which a guardian ad litem would be empowered to convey the views of the child and inform the child on recommendations and outcome of proceedings

The Committee recommends that consideration is given to establishing a specialist unit, within or involving Tusla, that would submit any application to remove or suspend guardianship, following a conviction, and/or provide expertise to any related Court process.

The Committee acknowledges that the child’s best interests are paramount. Recognising the impact that custody and access rights can have on a child’s overall wellbeing, the Committee recommends that decisions be guided by the voice of the child and their best interests. Further, it is recommended that Head 2 provides clarity as to how children’s views will be ascertained, considered and given due weight.

-        The Committee recommends that the definition of a child under the General Scheme is amended so that it aligns with that of other legislative acts such as the Assisted Decision-Making (Capacity) Act 2015.

-        The Committee recommends the establishment of a register of guardians to aid State bodies, such as Tusla, in their implementation of the proposed legislative changes.

-        The Committee wishes to highlight concerns raised regarding both a potential conflict of interest for Tusla in taking on responsibility under this legislation given its role in preserving the family and the capacity of Tusla, which is already overstretched, to take on these additional responsibilities.

The Committee recommends that consideration is given to appointing the Ombudsman for Children’s Office as a more neutral child-centric statutory body which could fulfil the function of making the application for an order to remove or suspend guardianship in the Court following a conviction for murder or manslaughter

The Committee recommends that consideration is given to ensuring appropriate child centred assessments and mechanisms for temporary suspension of Guardianship are also considered and applied when appropriate to minimise harm to children, during the lengthy period pending a trial.

Submissions were received by the Committee from the following stakeholders: Dr Carol Coulter, Dr Brian Tobin, Ombudsman for Children's Office, Mr David French, the Mental Health Commission , Irish Penal Reform Trust,  Barnardos, Tusla and Women’s Aid. The submissions can be read in full here.