A TEAM HAS been established within the Department of Justice to review laws in cases of domestic homicides, including a recommendation to stop people who kill their partners from having parental rights to their children.

In reviewing the laws, the Department has been consulting with families of victims, with initial meetings held last month and earlier this month.

This week, Women’s Aid and the Social Democrats have supported calls for new laws in the area.

On Monday, the siblings of Valerie French called for the law to be changed following the sentencing of Valerie’s husband, James Kilroy, who was given the mandatory sentence of life imprisonment for her murder. 

Valerie was killed by Kilroy at their home in Co Mayo in 2019 at the age of 41. She left behind three sons, who were all under the age of five when she was murdered by their father. 

Valerie’s brother David said Ireland must follow the lead of the UK and introduce legislation to suspend the parental rights of people who have killed their partners. 

“Valerie’s husband killed her brutally yet he retains all his parental rights to her children. This is an absolutely ridiculous situation. Killing a mother is child abuse. Children have to be protected from abusers,” David French said.

Last year, as part of an independent report commissioned by the Department of Justice on domestic homicide it was recommended that care arrangements for children impacted need “urgent” review. 

“The application of best practice in assessing the best interests of the child should prioritise the pre-existing family relationship, especially in the wake of domestic homicide and familicide,” the report said.

The report also recommended a risk assessment when the parent who perpetrated violence wishes to exercise custody, guardianship or access rights. 

When asked for an update on the implementation of these recommendations, The Department of Justice told The Journal‘s that the recommendation relating to parental rights is currently being reviewed by the new team in the Department. 

“In the case of this recommendation, the issues to be considered include the role and power to Tusla to take appropriate child protection action in emergency situations, the importance of putting the rights and voice of the child at the centre of our responses, and ensuring that nothing is done that could prejudice a trial,” a spokesperson said.

They added that a significant number of the recommendations made in the review are already being progressed as part of efforts to tackle domestic abuse and protect victims.

It is unclear when the Department will complete its review.

Social Democrats bill

The calls from the French family have been supported by Women’s Aid and by Social Democrats leader Holly Cairns who is now drafting legislation that would automatically suspend the rights of a parent convicted of killing their partner. 

Cairns said in a statement that any legislation put forward by her party would allow for exemptions in cases where a domestic abuse victim kills their abuser in an act of self-defence. 

“Valerie’s needless death should be a turning point. The State must ensure that every lever is available to put the rights of bereaved children and families before those found guilty of domestic homicide,” Cairns said. 

In May of this year, the UK introduced a law known as Jade’s Law which means that parents who kill someone they have children with will have their parental rights suspended on sentencing.

The legislation came following campaigning by the parents of Jade Ward (27), who was stabbed and strangled by her husband Russell Marsh in 2021. 

While serving a life sentence for her murder, Marsh contacted Jade’s family seeking pictures of the couple’s children and their school reports. 

Jade’s Law was designed to better protect children by preventing killers from having access to key elements of their life such as health, education and travel. 

A spokesperson for the Social Democrats told The Journal that the bill being drafted by Cairns is at an early stage. 

“As well as murder cases, it is intended that it will cover voluntary manslaughter and we are also looking at it being applied in cases of domestic violence. All cases would be subject to appeal,” the spokesperson said. 

When asked if the law will be retrospective in nature (Jade’s law in the UK is not), the spokesperson said this will depend on legal advice. 

Speaking to The Journal, Women’s Aid CEO Sarah Benson said her organisation backs the need for this legislation but said unlike the UK law it should be retrospective. 

“Given how stridently Valerie French’s family is calling for this, I certainly think that should be considered,” Benson said. 

“It’s incumbent on us all, and that includes legislators and policymakers to look at the absolutely devastating fallout of a domestic homicide and who is left behind to pick up the pieces.

“So many families are left split apart, struggling with the trauma, and they just do not need this additional legal consideration when they are trying to support children to pick up their lives and to move on,” Benson said.