Vol. 484 No. 3
301 Mr. N. Ahern. asked the Minister for Justice, Equality and Law Reform if he will introduce legislation on the guardianship of infants which will bar persons who have served a prison sentence for the killing a child from gaining custody of children. [21854/97]
In deciding cases concerning guardianship, custody of, or access to a child the court must, under the Guardianship of Infants Act, 1964, regard the welfare of the child as the first and paramount consideration. That important criterion is a matter which falls to be dealt with by the court in the context of all the circumstances of each case. The Children Bill, 1997, passed by both Houses as of 3 December 1997, contains detailed provisions on safeguarding the interests of children in guardianship etc. proceedings. Those new provisions, combined with the Act of 1964, represent the law in this area and I have no further proposals for changes at the present time. The provisions of the Child Care Act, 1991, regarding the care and protection of children who are at risk may also be relevant. That legislation is the responsibility of the Department of Health and Children.
