Guardianship of Infants and Child Care (Amendment) Bill 2026: Second Stage
Seanad Éireann — 2026-06-24
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Nessa Cosgrove (LAB), Labour Panel

The Labour Party wholeheartedly welcomes this legislation. It is a testament to the bravery and resilience of the French family, who have campaigned so strongly for this absolutely necessary legislation. Their advocacy for Valerie's legacy and for her children has been powerful and moving to see. I thank David and Veronica, who are in the Gallery. We hope to see this Bill being progressed quickly. We also need to make sure that this legislation is watertight. It is vital that we get this right. With this in mind, I want to raise a few questions for the Minister to address.
There have been some reports that Tusla has expressed some concerns about its level of resourcing when it comes to implementing the measures in the Bill. We are all aware of some of the issues that Tusla has faced in recent times and we need to see reassurance that it will be properly equipped to carry out the duties assigned to it under this Bill. There are also constitutional questions about the legislation. Article 42A of Bunreacht na hÉireann allows for the State to take on a guardianship role where a parent has failed in his or her duty towards a child to such an extent that the safety or welfare of the child is likely to be prejudicially affected. The wording of that constitutional test is embedded in this Bill, which is welcome, and we think it is sufficient, but we ask the Minister to assure us that this Bill's provisions are constitutionally watertight and will not be open to any challenge on the ground.
The question of timescales is also important. The Bill's only time limit is a six-month deadline after conviction, during which Tusla can apply for a restriction or removal of guardianship rights. This means the child would likely remain under the guardianship of his or her parent's killer for many months. There are no easy answers here but this needs to be looked at. Is this Bill doing all it can to protect the safety and well-being of the children or child during that interim period?
Finally, we want to raise the issue of guardians ad litem . I know the Minister amended the Bill in the Dáil, but we are still looking for a guarantee that the GALs will have legal representation in all cases.
On the whole, we want to support this important Bill. It definitely will close an existing gap to keep some of our most vulnerable children in some of the most horrific circumstances safer than they currently are under the law. That is why we appreciate the opportunity to speak about it here today. I wholeheartedly welcome the Bill.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-06-24/debate/main
Retrieved: 2026-08-14T04:55:06+00:00
Sitting date: 2026-06-24