Oireachtas Joint and Select Committees

Tuesday, 1 July 2025

Joint Oireachtas Committee on Justice, Home Affairs and Migration

General Scheme of the Guardianship of Infants (Amendment) Bill 2025: Discussion

2:00 am

Photo of Paula ButterlyPaula Butterly (Louth, Fine Gael)

I certainly agree with Mr. French about manslaughter because it is very often different from murder. There may be aggravating circumstances. Facts and evidence of aggravating circumstances such as domestic abuse and victimisation, etc. which will lead to a conviction of murder may be put before the jury during the trial. Mr. French has been at the centre of this and I have no doubt he has been debating it in his head for a long time. Manslaughter is very different from murder. There is the potential in these cases of splitting the charges. On conviction of murder where evidence has been given of aggravating factors such as sexual or domestic violence, there should be an automatic suspension.

With manslaughter, however, although I do not want to trivialise it, this might be considered in the way we distinguish the automatic disqualification for certain drink driving offences against others. I see the potential for that. It may lead to less stress for the guardians of the children and the children themselves. They would at least have that certainty in cases of murder rather than manslaughter. I am not saying there is a valid excuse for manslaughter but there could be a genuine concern and love for the children and those guardianship rights should not necessarily be suspended. I was just teasing that out and wanted to hear the thoughts of Mr. French, as he is central to all this.

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