By Why Ireland’s Child and Family Agency is Objecting to Valerie’s Law
The Irish Government has proposed a new law called Valerie’s Law. It aims to strip parental rights from parents who kill the other parent of their child.
But Tusla, Ireland’s child and family agency, has raised strong objections. The agency says the law may harm children’s welfare and goes against its principles. This has sparked debate across Ireland about child safety, parental rights, and the role of the State in family life.
In this article we will explain:
- What Valerie’s Law is
- Why Tusla objects to it
- The key concerns raised by the agency
- The broader legal and child welfare context
- What this means for families and the justice system in Ireland
What Is Valerie’s Law?
Valerie’s Law is a proposed piece of legislation in Ireland. It would change how guardianship is handled when a parent kills the other parent. It would also deal with cases where a parent is suspected of such a killing.
Under current law, even if a parent is convicted of killing the other parent, they can still keep guardianship of their children. Guardianship gives legal rights and responsibilities for a child’s care.
This gap in the law came into sharp focus after the murder of Valerie French, a 41‑year‑old mother of three, in 2019. Her husband, who was convicted of killing her, continued to have legal guardianship of their children. Her family and campaigners say this is wrong and traumatic for victims’ children.
The law takes its name from Valerie. Supporters say it will protect children and spare them further harm. It would require Tusla to apply to court to remove guardianship rights from a parent convicted of killing the other parent.
Why Tusla Is Opposed to the Law
Tusla has raised numerous objections to Valerie’s Law. These come from internal discussions, emails, and formal submissions. They focus on the agency’s main mission: to protect the well‑being of children.
Here are the central reasons for Tusla’s opposition:
1. Children’s Best Interests
Tusla says that even when a parent has committed a terrible crime, children may still want a connection with that parent. The agency argues that cutting off all legal rights could hurt the child in some cases.
The agency believes that keeping ties to a birth parent might sometimes be in the child’s best interest, if it supports emotional stability and identity.
2. Inherent Parental Rights
Tusla says parents have inherent legal rights over their children, even when accused of serious crimes. The agency questions whether the new law would rightly override these rights.
3. Constitutional Issues
The agency raised concerns about how the law would work within Ireland’s Constitution. It noted that removing guardianship can be unprecedented in some cases and may face legal challenges if not carefully worded.
4. Loss of Trust With Families
Tusla says its role depends on building trusting relationships with families and guardians. It worries that the law could put it in conflict with families and harm trust.
5. Broad and Unclear Terms
The phrase “suspected killing” raises questions for Tusla. The agency asked what counts as a suspected killing, and how it would learn about these cases. It says this uncertainty could cause legal confusion.
6. Budget and Logistics
Tusla also warned that the law may create new costs and workloads without clear funding. It asked how the agency should act if a parent has served a sentence in another country and is later caring for the child.
Tusla’s Internal Conflict and Reaction
Internal emails show that Tusla staff were frustrated that the Department of Justice did not take their concerns seriously. Some felt the agency should speak publicly about the matter. These tensions show how deep the disagreement runs.
Officials discussed whether Tusla should issue a public statement about its views. The chief executive even asked colleagues if the agency should speak publicly, showing how strongly some staff felt.
The agency also made a formal submission to the Oireachtas Justice Committee. In it Tusla repeated its view that children’s welfare must be the priority and that parents’ rights must be weighed carefully.
What Supporters of the Law Say
Supporters of Valerie’s Law include campaigners and family members of victims like Valerie French. They say the law is needed to protect children from continued harm. They argue a parent who kills their other parent should not normally have rights over their children.
In their view, it is not just about legal rights. It is about emotional safety and preventing trauma for children forced to stay connected with parents who harmed their family.
Legal and Child Welfare Context in Ireland
Ireland’s Constitution provides strong rights for families and parents. Removing guardianship rights raises constitutional questions, especially in married families. That has been part of the debate around the bill.
If lawmakers pursue the law, they must ensure it respects constitutional protections as well as the best interests of the child. This means careful wording and legal review.
In child welfare work generally, agencies like Tusla must balance protecting children and respecting family ties. This is a difficult and often sensitive task.
Legal experts note that family law is complex. Currently, if a parent is convicted of killing the other parent, that person still has legal rights unless a court removes them. The new law would change this, but the details matter.
What Happens Next With the Bill
Valerie’s Law is included in the Government’s priority programme for spring legislation. The Department of Justice says it is working with legal advisors to ensure the bill complies with constitutional requirements. It says the concerns from Tusla were considered before the Government backed the bill.
Lawmakers who review the bill will likely hear from Tusla and from campaigners calling for the law. The Oireachtas Justice Committee will play a key role in this.
If the bill becomes law, it could force Tusla to make applications to court in cases involving convicted or suspected killers. This would be a major shift in how guardianship is handled after serious crime.
Social Debate and Public Opinion
The debate has stirred strong views in the public. Some argue that anyone who kills their partner should lose all rights as a parent. Others say the law must protect children’s emotional needs and their right to family ties.
Online discussions reflect this split. Some social commentators feel that the law may oversimplify a complex emotional reality. Others point out that judges already have power to make decisions in individual cases.
Many people also stress the need for child safety and protection, saying that policies should put children first. These debates often mention the lasting trauma children experience when exposed to violence.
Key Issues for Irish Families
If the law becomes real, it could impact:
- How guardianship is handled after serious crime
- The role of courts in deciding parental rights
- The duties of child welfare agencies like Tusla
- How family ties are weighed against safety concerns
- Constitutional protections for parents and children
These issues touch deeply on Ireland’s legal system and values around family life. They also influence how children hurt by violence are supported in the long term.
