Guardianship of Infants and Child Care (Amendment) Bill 2026: Report and Final Stages
Dail Éireann — 2026-06-17
============================================================

Matt Carthy (SF), Cavan-Monaghan

I move amendment No. 3:
In page 11, lines 29 to 32, to delete all words from and including "(1) An" in line 29 down to and including line 32 and substitute the following:
"(1) An application to the court for an order under this Part shall not be made in relation to the child concerned other than on notice to—
(a) each guardian of that child (including a victim guardian within the meaning of section 12D), and
(b) the next of kin of a deceased guardian of that child, where that deceased guardian died as a result of an offence referred to in section 12C(1); provided that a person shall not be regarded as next of kin for the purposes of this paragraph if that person has been convicted of that offence,".
This amendment ensures that all relevant parties, including the next of kin of a deceased guardian, would be notified of court applications affecting a child. It is important that the family of a guardian who has been killed be made a notice party in proceedings. Such a family have a clear and legitimate interest in the child's welfare, and that role should be recognised, respected and reflected in the process. We discussed this at length on Committee Stage and the Minister did not accept our amendment of the basis that "next of kin" was not defined in the legislation, but the meaning of "next of kin" is quite clear, as is how that would be applied in real terms before a court. It is for this reason that we tabled the amendment again on Report Stage. I ask the Minister to accept it. If he feels there is a better formula of wording, we have been very clear that we are open to that. This is about ensuring families are notified. We should remember that we are talking about families who have lost a loved one in the most cruel circumstances by murder or manslaughter. They have a vested interest in the well-being of the child in relation to whom a court order is applied for. I do not believe notifying them is too much to ask for.
We asked Tusla when its representatives appeared before the committee about their approach to these matters and they were not forthcoming in giving the committee a sense of how the agency currently approaches the issue. It is crucially and critically important that we do not have a situation where there is a court hearing in respect of a case involving a child where the family of the deceased person is not a notice party or perhaps is not even aware that the case is before the court. I appeal to the Minister to either agree to this wording or agree to find a formula of words that will meet the same purpose.

---

Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted.

Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-06-17/debate/main
Retrieved: 2026-09-21T01:01:09+00:00
Sitting date: 2026-06-17