Written answers

Tuesday, 5 November 2024

Department of Justice and Equality

Guardian Status

Photo of Neasa HouriganNeasa Hourigan (Dublin Central, Green Party)
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775. To ask the Tánaiste and Minister for Justice and Equality for an update on her plans to bring forward legislation ensuring that a parent convicted of the murder of the other parent does not retain guardianship of the surviving child or children; and if she will make a statement on the matter. [44943/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The independent review of familicide, published in May 2023, was commissioned by my Department in order to effectively respond to this difficult but important subject.

As part of the review, there was extensive engagement with non-governmental organisations, with State agencies and most importantly with family members of victims.

Most of us cannot begin to understand the impact of something like this and I would like to express my gratitude to the families who selflessly engaged with the review for giving of themselves and their time. Indeed, family members are continuing to contribute to our work in this field and their input is vital.

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 has been established in my Department to review and progress other recommendations made in the review, including a recommendation on restricting parental rights in cases of domestic homicide.

Examination of how to progress this recommendation includes consideration of the role and power of Tusla to take appropriate child protection action in emergency situations, the importance of putting the rights and voice of the child at the centre of our responses and ensuring that nothing is done that could prejudice a trial.

The team working on this have been consulting with stakeholder groups comprising relevant officials, civil society partners and, most importantly, the families of victims, including those who contributed to the review.

As new data and research emerges, such as the Research Paper on Femicide in Ireland 2012–2023, published by the Office of the State Pathologist in September 2024, it is being included in the consideration of how to progress this and other recommendations.

A discussion paper examining the guardianship rights if a parent is in custody, accused of, or serving a sentence for, the murder or manslaughter of the other parent was presented to the consultation groups during meetings that took place in October. Further consultation on this is scheduled to take place when the groups re-convene in November, where it is anticipated that a consensus will be reached on how to move forward.

I expect these recommendations to be with me by the end of the year and, along with the other recommendations, they will be considered as a priority.

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