The Department of Justice is to press ahead with plans to strip guardianship rights from killers despite the State’s child and family agency raising concerns that the legislation is unconstitutional.
The department said it is “satisfied” that a Bill known as Valerie’s Law “is constitutional in all respects”. The Office of the Attorney General has offered advice on the proposed legislation, it said.
Valerie’s Law, if enacted, would strip automatic child guardianship rights from those convicted of killing their partner or the other parent of their child.
The law would be named in honour of Valerie French (41), a mother of three young boys who was murdered in June 2019 by her husband James Kilroy. He continued to have guardianship rights over their three boys despite his murder conviction.
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The programme for government committed to bringing in such a law. Earlier this year, The Irish Times reported that Tusla opposed the law, believing it could be unconstitutional and in conflict with the “inherent rights” that parents have to their birth and legal children.
Documents released by the agency under Freedom of Information laws showed Tusla argued that “children’s best interests” are served by them having a connection with their birth parents.
Tusla raised concerns directly with the Department of Justice and the Department of Children, its parent department. Officials in Tusla were frustrated that the Government was moving forward with the Bill “despite our previous and many objections”.
A spokesman for Minister for Children Norma Foley said she “supports the legislation known as Valerie’s Law” proposed by her colleague, Minister for Justice Jim O’Callaghan.
The Bill is at an “advanced stage” of formal drafting, which is being carried out by the Department of Justice and the Office of Parliamentary Counsel.
A spokesman for the department said it is “satisfied that the Bill is constitutional in all respects”.
“The Bill deals with matters of guardianship and so engages Article 41 and 42A. The department has worked in close co-operation with, and benefited from the advice of, the Office of the Attorney General to ensure that the Bill is entirely in line with all constitutional obligations, including that the best interests of the child are the paramount consideration in any proceedings concerning the guardianship of a child,” he said.
“The department has worked closely with the Department of Children, Disability and Equality to ensure that the Bill – which is a child protection and welfare measure with the best interests of the child as its central focus – will operate well for all stakeholders including the Child and Family Agency.”
