The Irish Cabinet have granted approval to progress legislation to commence the drafting of legislation that will, in certain situations, remove guardianship rights from individuals convicted of killing their partner or the other parent of their child.
The issues around guardianship of children in a scenario where one parent or guardian kills the other, should not be regarded as a matter of private law between the families concerned but, instead, should be regarded as a child protection and welfare issue arising in the public law area.
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 is part of the ongoing work to implement appropriate recommendations from the Study on Familicide and Domestic and Family Violence Death Reviews.
This General Scheme of the Guardianship of Infants (Amendment) Bill 2025, which will be referred to the relevant Joint Oireachtas Committee for pre-legislative scrutiny, is intended to prevent vulnerable children from further trauma, to provide clarity for surviving family members, and to prevent perpetrators from maintaining control over these children’s lives.
The proposed legislation allows for 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. The legislation will not be retrospective.
Following pre-legislative scrutiny, drafting of the Guardianship of Infants (Amendment) Bill 2025 along the lines of the General Scheme will commence.
Policing, Security and Community Safety Act 2024.
Meanwhile today, also saw the commencement of the landmark Policing, Security and Community Safety Act 2024.
The office holders, senior leaders, Board and Authority members to these new and reformed bodies will now formally take up their appointments and roles.
Today, President M.D. Higgins appointed Ms Emily Logan as Ireland’s first Police Ombudsman, nominated by the government, following an open competition undertaken by the Public Appointments Service.
The commencement of the Act follows the establishment of new Votes for the Policing and Community Safety Authority and Fiosrú – The Office of the Police Ombudsman on Tuesday. Dáil approval was required for the allocation of funds to the two bodies through a Revised Estimate and a motion was brought by the Minister before the Dáil, to approve the allocations.
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