Written answers
Wednesday, 22 January 2025
Department of Justice and Equality
Legislative Measures
Holly Cairns (Cork South-West, Social Democrats)
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1054. To ask the Tánaiste and Minister for Justice and Equality to provide details on the Government's proposals to legislate for the removal of guardianship rights from guardians who have murdered their child's parent; whether this is intended to be a standalone Bill or as part of larger reforms; and to provide a timeline for such reform. [1963/25]
Helen 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.
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 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.
Implementation of the recommendation is likely to require the amendment of the Children and Family Relationships Act 2015 to ensure that a parent in custody, accused of, or serving a sentence for, the murder or manslaughter of the other parent does not retain guardianship of the surviving child or children. Further consultation is required with Tusla and the Department of Children, Equality, Disability, Integration and Youth (DCEDIY) to achieve a consensus on how to move forward with this recommendation.
Further consultation with stakeholders is scheduled to take place in February. Following this, I expect to receive a report on progressing this recommendation, along with the other recommendations, and they will be considered as a priority.
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