Roderic O'Gorman (Dublin West, Green Party)
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624. To ask the Tánaiste and Minister for Justice and Equality if his Department is drafting amending legislation for Guardianship of Infants (Amendment) Bill 2025; if so, when the proposed amendment will go to Cabinet; and if he will make a statement on the matter. [65312/25]

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 General Scheme of the Guardianship of Infants (Amendment) Bill 2025, was referred to the Joint Oireachtas Committee on Justice, Home Affairs and Migration for pre-legislative scrutiny (PLS) on 19 May, and my officials engaged with the Joint Committee. On 24 September 2025 the Joint Committee on Justice, Home Affairs and Migration published its report on PLS of the General Scheme of the Guardianship of Infants (Amendment) Bill 2025. The Committee made 30 recommendations in relation to the General Scheme.

Drafting of the Bill is ongoing between the Department and the Office of Parliamentary Counsel to the Government. The Bill is on the priority list for publication in this session.

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”. It 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.