Dáil Éireann Debate, Monday - 9 September 2024
1075. Deputy Pa Daly asked the Minister for Justice the status of the removal of guardianship rights over surviving children in cases of familicide and violent family death, as outlined in chapter 7 subsection 3.18.4 of the 2023 report on the issue. [34225/24]
View answer1077. Deputy Neasa Hourigan asked the Minister for Justice her plans to bring forward legislation that would ensure that a parent convicted of the murder or manslaughter of the other parent does not retain guardianship of the surviving child or children; and if she will make a statement on the matter. [34247/24]
View answer1082. Deputy Matt Carthy asked the Minister for Justice if she will bring forward proposals for law reform to ensure that automatic guardianship rights are not provided to convicted killers, as per the call from a family (details supplied); if she will consider legislation such as that known as Jade's Law in the UK to address this issue; and if she will make a statement on the matter. [34310/24]
View answer1087. Deputy Paul Murphy asked the Minister for Justice if she plans to legislate to remove child guardianship rights from those convicted of murdering the other parent as recommended in the Study on Familicide and Violent Family Death Review (details supplied). [34352/24]
View answer1110. Deputy Michael Lowry asked the Minister for Justice if she will consider introducing legislation to amend the Child and Family Relationships Act 2015, or other relevant legislation, to ensure that a parent who is convicted of the murder or manslaughter of the other parent does not retain guardianship of the surviving child or children, in light of a recent case (details supplied); and if she will make a statement on the matter. [34584/24]
View answer1124. Deputy Catherine Connolly asked the Minister for Justice the status of the implementation of recommendation seven 7.6 of the Study on Familicide and Domestic and Family Violence Death Reviews, which calls for the amending of current legislation to ensure that a parent convicted of murder or manslaughter of the other parent does not retain guardianship of the surviving child or children; the timeline for the implementation of this recommendation; and if she will make a statement on the matter. [34874/24]
View answer1194. Deputy Michael Healy-Rae asked the Minister for Justice if the Government will examine making changes to legislation (details supplied); and if she will make a statement on the matter. [35536/24]
View answerI propose to take Questions Nos. 1075, 1077, 1082, 1087, 1110, 1124 and 1194 together.
The ‘Study on Familicide and Domestic and Family Violence Death Reviews’ was commissioned by my Department and involved an independent study lead who consulted with a wide range of stakeholders, including family members of victims, non-governmental organisations, and State agencies.
The review was brought to Government and published in May 2023.
A significant number of the recommendations made in the review are already being progressed as part of our work to tackle domestic abuse and protect victims.
A team has been established in my Department to review the other recommendations made in the review. These include a recommendation on restricting parental rights in cases of domestic homicide. In the case of this recommendation, the issues to be considered include 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.
In reviewing all these recommendations, the team are in consultation with stakeholder groups that have been established to support this work, involving relevant officials, civil society partners and most importantly the families of victims that contributed to the review. These consultations will inform how the recommendations are taken forward.
Meetings with the stakeholders have taken place in June/early July and in August of this year, and I understand that officials in my Department are currently drafting a paper specifically related to guardianship rights if a parent is in custody, accused of, or serving a sentence for, the murder or manslaughter of the other parent.
