Seanad Éireann debate -
Wednesday, 8 Mar 2000

Vol. 162 No. 13

Adjournment Matters. - Child Care Facilities.

Mr. Cosgrave

I wish to share time with Senator Manning.

I welcome the Minister of State who is probably aware that a number of pre-school child care regulations were introduced approximately three years ago. These were noteworthy and well thought out and, in an ideal world, they would prove suitable in terms of the care of children in pre-school facilities, crèches, etc. I know the Minister of State has a personal interest in this area and she will be aware that the reality of the situation vis-à-vis the regulations is different. It is on that basis I am seeking to ensure that a common sense approach is taken, particularly in relation to the application of the regulations. When considering this matter recently I came to the conclusion that if the city fire officer was to be totally vigilant a number of our courts would not be in operation, particularly at call-over time when they are overcrowded and constitute a fire hazard.

Various people, friends and others, who are involved in child care provision in the city centre and in my constituency have contacted me about the way the regulations operate at present. In my view, the bottom line should be the welfare of children. We should not be overly concerned about the square footage of space available or about one person being delegated to mind three babies. I accept that a qualified person might be able to care for four or five children but there are some people whom I would not trust with one baby never mind two or three. In that context, a common sense approach must be adopted in relation to adherence to the regulations.

We must accommodate people who have operated child care facilities for many years and who have a tremendous track record. If they have not complied with certain regulations by a particular date, some of these people will be forced to close their facilities. We must use common sense, particularly in view of the fact that people are obliged to carry out renovations, put in place new facilities, employ additional staff, care for various categories of children, namely, those aged less than 12 months and toddlers and ensure that there is an adequate child to carer ratio.

Problems have arisen because people have been obliged to carry out renovations to their facilities. In discussing this matter with the health board, I urge the Minister to request that a common sense approach be adopted. Quite a number of the crèches to which I refer have been in operation for many years and the people who attended them and who have now grown up can provide testimony of the good care they received.

A number of parents in certain areas have been discommoded because the health board has moved in and informed the owner of a facility to either close down or carry out a long list of renovations, many of which often prove uneconomic or impractical to do within the time allowed. In last Sunday's The Sunday Business Post, Emily O'Reilly mentioned some of these aspects. She also highlighted the fact that there have been complaints involving more serious matters than whether children have the requisite amount of space provided for by the regulations. I am sure the Minister of State and her officials have seen this article and it is important that she responds to it. It seems that, on the one hand, we are getting worked up about the fact that there are six children in a room which is six inches less in length than allowed for by the regulations, or that there are ten toddlers in a room when there should be only nine. Most of the people who run crèches are dedicated, hard working and try to employ high quality staff, and it is important that there is a balance in dealing with this issue.

The regulations, which have only recently been introduced, deal with a wide range of issues such as the development of children, notice to be given by persons carrying on pre-school services, registration, heating, ventilation, lighting and so on. However, the welfare of children should be paramount. Prescribing issues such as square footage, the size of hand basins and so on can be dealt with, but I am more concerned that people are allowed to communicate with health boards and that the boards respond positively and provide a reasonable length of time in which to carry out necessary improvements. I hope the Minister of State will also respond to the allegations which are far more serious, if found to be true.

Mr. Manning

I thank Senator Cosgrave for sharing time. I welcome the Minister of State and wish her well. I am happy to support Senator Cosgrave as this is one of the most important issues facing society and from which a number of matters flow. The provision of proper crèche and child care facilities is central to making a reality of the concept of equality for mothers who wish to work outside the home. It is also a major element of Government policy that shortages in the labour force are addressed in this way. There has been a dramatic increase in the demand for crèche places and we would not have had this debate ten or 15 years ago when supply outstripped demand. There is a huge demand at present but Senator Cosgrave rightly stated that the welfare of children is paramount.

There must be regulations but there is a danger that they will be governed by prevailing and, perhaps, outdated standards. This issue has become bigger than most imagined. The regulations are new and pretty mechanistic and there may be a need for the Minister of State to engage in a wider consultative approach and to apply energy and imagination to this matter. It should be poss ible to bring about a rapid expansion in the number of places and to provide for the training of staff and the safety of children, without adopting an unduly mechanistic approach. I know the school referred to in Emily O'Reilly's article, but it seems that this highlights the conflict at the heart of this issue. I compliment Senator Cosgrave for raising this important matter which I am confident the Minister of State will be able to address.

Minister of State at the Department of Justice, Equality and Law Reform (Ms Hanafin)

I thank Senator Manning for his kind remarks and Senator Cosgrave for raising this issue in which I have had an interest for some time. We all share the desire that the welfare of children should be paramount in all our dealings and in the rules and regulations we enforce. That is the reason the regulations were introduced.

Part VII of the Child Care Act, 1991, provides for the notification to and inspection by health boards of pre-school services. The Child Care (Pre-school Services) Regulations, 1996, which give effect to these provisions came into operation on 31 December 1996. The regulations apply to pre-schools, playgroups, day nurseries, crèches, child minders looking after more than three children and other similar services which cater for children under six years of age.

The regulations do not just refer to space requirements. Their purpose is to build on existing high standards in pre-school services, to improve standards throughout the sector, to secure the health, safety and welfare of pre-school children and to promote the development of children attending pre-school services.

Under the regulations pre-school providers are obliged to notify their local health board that they are carrying on or proposing to carry on a pre-school service. On receipt of notification the health board will provide relevant information to the applicant and arrange for an inspection to be carried out by an authorised person. The requirement to reduce places is mainly related to the availability of adequate space per child in the premises and/or the requirement to have a sufficient number of competent adults supervising the pre-school children in the service at all times.

Where deficiencies are identified, the health board and the providers work in a co-operative manner and adopt a common sense approach to make specific improvements in a planned way, provided that any delay would not adversely affect the welfare of children. People have been given some time to enforce the regulations and have not been asked to enforce them immediately. The plan may include a reduction in numbers achieved through natural reduction, that is not replacing children who leave through the year, reducing numbers on a phased basis, reducing numbers at the beginning of the next school year or by the provider moving to a larger premises. The timescale for making improvements may vary from a requirement for immediate action if the health and safety of children is at risk, or may extend to six months if it is appropriate to use a phased approach.

Senator Manning referred to the expansion in demand for child care places. The Government is fully committed to expanding the availability of places for child care. A number of initiatives are being taken in this regard. The Department of Justice, Equality and Law Reform was allocated £250 million to develop child care over the next seven years under the National Development Plan, 2000-2006. This funding will facilitate the child care measures announced in budget 2000.

The main objectives of the new measures are an increase in the quantity of child care places and an improvement in the quality of services. These measures comprise the equal opportunities child care programme, which includes grant supports to establish, upgrade, enhance and staff community-based child care facilities; capital grants for private providers of child care catering for up to 20 places; grants to develop local child care networks; and supports to enhance national voluntary child care organisations which provide advice, support and training to child care service providers.

The Department of Justice, Equality and Law Reform is finalising the criteria and eligibility requirements for the grant schemes and intends to begin promoting the initiatives shortly in the national media. In addition, it was announced in budget 2000 that accelerated capital allowances at the rate of 100% in the first year will apply to expenditure incurred on and from 1 December 1999 on child care facilities which meet to required standards, as provided for under the Child Care (Pre-school Services) Regulations, 1996. The allowances are also subject to clearance by the EU Commission.

The implementation of the child care measures is being facilitated by the establishment of an interdepartmental committee on child care, a national co-ordinating child care committee and county child care committees. My Department is represented on the interdepartmental committee on child care and on the national co-ordinating child care committee. The health boards are represented on the national co-ordinating child care committee and the county child care committees will be led by the relevant health boards. These committees will liaise locally and nationally on child care.

In addition to these measures, health boards provide financial supports to certain pre-school services which cater for children who are regarded as being at risk or disadvantaged. This function is in keeping with the boards' overall responsibilities under the Child Care Act, 1991, in regard to the promotion and welfare of children and the provision of family support services. Funding of approximately £3.9 million, capital and revenue, was provided by the health boards towards these services in 1999. An additional £1.75 million is being provided in 2000. A small number of grants are also normally made available from national lottery funding.

I share the views of Senators Cosgrave and Manning. A common sense approach is being taken in working with both the providers and the health boards, and I hope that will continue to be the case.

The Seanad adjourned at 8.25 p.m. until 10.30 a.m. on Thursday, 9 March 2000.