Roderic O'Gorman (Dublin West, Green Party)
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453. To ask the Tánaiste and Minister for Justice and Equality whether, in light of a case on guardianship rights over children (details supplied), he plans to make any changes to this situation; and if he will make a statement on the matter. [28422/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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On 1 April 2025, I secured Government approval for the referral of the Scheme of the Guardianship of Infants (Amendment) Bill for pre-legislative scrutiny, and for the formal drafting of a Bill once pre-legislative scrutiny is complete. The General Scheme has been published and is available on Gov.ie: www.gov.ie/en/department-of-justice/press-releases/minister-jim-ocallaghan-secures-cabinet-approval-of-the-general-scheme-of-the-guardianship-of-infants-amendment-bill-2025

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” and upholds a fundamental principle that those convicted of the most serious crimes should not retain automatic legal authority over the children they have left behind. The proposal to legislate is also part of ongoing work to implement appropriate recommendations from the Study on Familicide and Domestic and Family Violence Death Reviews.

The General Scheme of the Guardianship of Infants (Amendment) Bill 2025, has been referred to the Joint Oireachtas Committee on Justice, Home Affairs, and Migration for pre-legislative scrutiny. On 27 May my officials provided a briefing to the Joint Committee on the provisions of the General Scheme. The proposed legislation is intended to prevent vulnerable children from further trauma, to provide clarity for surviving family members, and to prevent perpetrators from maintaining control over the lives of those children.

The proposed legislation will require Tusla, The Child and Family Agency to make 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. Such an application will also be made where the parent or guardian has been incapacitated due to a serious offence committed by the other parent or guardian of the child.

An order to remove a guardian may specify the period for which it shall remain in effect. In addition, the court order may impose conditions relating to the periodic review by the court of the order, and for such additional matters as the court considers necessary in the best interests of the child concerned.