Dr Brian Tobin

Ministers last week published the general scheme of the Guardianship of Infants (Amendment) Bill 2025, which sets out a number of proposed amendments to the Guardianship of Infants Act 1964.

The proposed legislation follows a long-standing campaign for “Valerie’s law” led by David French, the brother of Valerie French, a mother-of-three who was murdered by her husband in 2019.

However, Dr Brian Tobin, an associate professor in law at the University of Galway, told Irish Legal News that he was “surprised” to see that the general scheme refers to the removal of guardianship rights rather than their suspension or restriction, as is the case in other jurisdictions.

He said he had originally expected the bill would take an approach similar to that of the Victims and Prisoners Act 2024 in England and Wales, which provides for the restriction of parental responsibility where one parent kills the other.

“This draft piece of legislation confuses the full restriction or suspension of guardianship rights with the full removal of the status of guardian, and they’re not the same thing,” Dr Tobin said.

The difference is significant because it could affect the bill’s compatibility with the Constitution, he argues.

Dr Tobin explained: “We have never removed the status of guardian from married parents — legislation has never allowed us to do that, even in the most extreme circumstances.

“[The general scheme] talks about removal and it does seem to imply, at least based on these contradictory provisions, full removal of the status of guardian and the ability to exercise guardianship rights.

“I don’t believe that’s constitutionally permissible on the basis of Article 41 as it currently stands, and that’s even taking into account that Article 41 nowadays should be tempered by Article 42A, the children’s amendment. I don’t think it can be tempered that much.

“Even in our neighbouring jurisdiction, where they don’t have a written constitution, the courts have never removed the status of what they call parental responsibility — they’re the same thing essentially, and that has never been removed from a married parent in England and Wales either.”

Dr Tobin also described the bill as a “missed opportunity for wider guardianship law reform”, noting the challenges faced by unmarried fathers in acquiring guardianship in particular.

The Social Democrats yesterday indicated it would bring forward its own proposal for legislation in response to the “Valerie’s law” campaign.

Gary Gannon, the party’s justice spokesperson, said he would introduce a bill providing for an interim suspension of guardianship rights immediately on conviction, with certain exceptions, and giving the Child and Family Agency responsibility to apply for a full suspension of guardianship rights where it is in the best interests of the child.