LAST UPDATE | 5 May

LEGISLATION TO REMOVE guardianship rights from convicted killers will be brought before Cabinet tomorrow for approval.

Justice Minister Jim O’Callaghan will tomorrow request the approval of the Guardianship of Infants (Amendment) Bill 2026, which has become known as Valerie’s Law. 

The law is named after Valerie French, a mother of three who was killed by her husband James Kilroy.

The body of the mother of three was found at her home in Kilbree Lower, near Islandeady, Co Mayo on 14 June 2019. 

O’Callaghan remarked that Irish law “must reflect the gravity of these offences” and that the legislation is “about the welfare and protection of children”. 

“It is my view that issues arising around guardianship of children in a situation where one parent kills the other should not be regarded as a matter of private law to be determined between the families concerned but should be regarded as a child protection and welfare issue arising in the public law arena,” said O’Callaghan.

He added that the legislation will uphold a “fundamental principle that those convicted of the most serious crimes should not retain automatic legal authority over the children they have left behind”. 

O’Callaghan praised Valerie’s brother, David French, for his “advocacy in honour of his sister” and added that he is today thinking of the French family.

David French had called for Ireland to follow the lead of the UK, where people who have killed their partners are now unable to have parental rights to their surviving children. 

Murderers in the UK have their parental rights suspended under what is called Jade’s Law.

The law creates an automatic suspension of parental responsibility while any mother or father is serving time for killing the person with whom they shared that responsibility.

Speaking on RTÉ’s Morning Ireland, David French said he appreciates the work undertaken by the Department and described it as “one more step in the aftermath of the murder”.

“It’s massively welcome and I really look forward to seeing it go before the Dáil for debate,” said French.

“This is child protection, this is taking a verdict from the criminal court and applying it for the best interests of children, regardless of so-called ‘rights’ of the killer.”

He said his family saw the lack of this law first-hand.

“We waited five years to see the verdict in the criminal court.

“But our experience was that the verdict in the criminal court might as well have happened on the Moon as far as family law or property law or any other venue is concerned and that struck us as particularly strange.”

He added that while the legislation “might seem obvious, as everyone knows legislation, even when it is straight-forward and things are obvious, they still take a long time and there are a lot of competing priorities”.

“I look forward to seeing the text and the debate and this is one more step towards enactment on child protection.”

The legislation being brought to Cabinet tomorrow would require an application to be brought before the District Court to remove guardianship of a parent who is convicted of the murder or manslaughter of another parent or guardian.

It states that this should be within six months of a conviction, and that the court should order another guardian be appointed for the child. 

On 1 April 2025, the Irish government approved the publication of the Bill, with drafting to follow after pre-legislative scrutiny was concluded.

This pre-legislative scrutiny was published on 24 September 2025 and made some 30 recommendations.

A Department spokesperson said 15 of these recommendations have been “accommodated in the proposed Bill”.

The spokesperson added that the remaining recommendations were either “outside of the scope of the Bill or not possible to implement given the advice of counsel”.

The spokesperson added that the Department has worked with the Department of Children, Disability and Equality to “ensure that the Bill is focused on child welfare, ensure that the voice of the child can be heard in proceedings”.