Key provisions of Valerie’s Law yet to be enacted by Government

Under the law, guardianship rights will be removed from those convicted of the murder or manslaughter of their partners, or the other parent of their child

Valerie’s Law was campaigned for by David French, the brother of the late mother of three Valerie (pictured), who was killed by her husband in 2019.

The Government has yet to enact key provisions of Valerie’s Law that would allow guardianship to be stripped from murderers.

Despite the legislation being signed into law by President Catherine Connolly in July, commencement orders have yet to be signed by justice minister Jim O’Callaghan for sections of it. It is expected that they will not be law until the end of the year.

Valerie’s Law was campaigned for by David French, the brother of the late Valerie, who was killed by her husband James Kilroy in 2019. Valerie was a mother of three.

Kilroy was handed down a life sentence for Ms French’s death in July 2024 but is currently in the process of appealing this conviction.

Under the laws, progressed by justice minister Jim O’Callaghan, guardianship rights will be removed from those convicted of the murder or manslaughter of their partners, or the other parent of their child.

Tusla, the Child and Family Agency, must apply to the district court within six months of the conviction in order for them to be stripped of their rights. An order can either restrict the convicted person’s powers and duties or remove them as a guardian.

When asked earlier this week how many times Valerie’s Law had been used since its introduction in July, Tusla noted that sections one through four of the legislation have yet to be signed into law.

The Department of Justice confirmed to the Irish Examiner that work is ongoing to ensure that rules and procedures are in place so that the law can be implemented.

“The department is working on ensuring that the necessary practical considerations have been resolved in advance of commencement. This includes engagement with the Courts Service regarding preparing Rules of Courts,” a spokesperson said.

“In addition, the department is working with the relevant bodies in the Act who may share data with Tusla, the Child and Family Agency (CFA), to determine any data-sharing regulations under the Act which may need to be made in advance of commencement.

“Given that the CFA will have to be in a position to bring applications within the short timelines outlined in the Act, it is important that they are administratively ready prior to commencement to bring such applications in the time permitted.”

What's your view on this issue?

You can tell us here

The spokesperson added that the Department of Justice is working towards “preparing a commencement order before the end of the year”.

Mr French told the Irish Examiner that he is glad that essential background work is being done ahead of the commencement of the sections of the law. “I welcome the department’s work to ensure all administrative and data-sharing frameworks are in place before full commencement of Valerie's Law,” he said.

“This essential background work rarely gets enough credit. I look forward to Valerie's Law taking effect so that CFA/Tusla can start protecting children by applying to the courts to restrict or remove guardianship rights from parents who have killed or seriously injured their other parent."

However, Kathleen Funchion, Sinn Féin MEP for Midlands North West, argued that it was “disappointing” that the laws are not being used yet. “A lot of months have passed; It should be like making changes and having an impact for families,” she argued.

“It was so great to see it pass, and particularly for David French and his family to see it actually being passed, and then to know all these months later there hasn't been the necessary follow-up, it's not good enough.

“It shouldn't take another six months after it has been passed to be signed in. Families are still left in limbo.”

• Louise Burne, political correspondent