Dáil Éireann Debate, Tuesday - 2 December 2014
362. Deputy Robert Troy asked the Minister for Children and Youth Affairs his views on the recent court proceedings in which an action initiated by Tusla against a child care facility was dismissed on the basis that the agency had no authority to take the case; the reason the action was not initiated until after 1 January 2014; and if he will make a statement on the matter. [45838/14]
View answerThe issues raised in the Prime Time programme in May 2013 demanded a comprehensive response by the Agency with responsibility for the execution and enforcement of the Child Care (Pre-School Services) (No 2) Regulations 2006 which govern the provision of pre-school services in this country. This response included the prosecution in the courts of childcare providers that the programme alleged were in breach of these regulations.
The Government considered that the powers transferred to Tusla under the Child and Family Agency Act were sufficient to allow the Agency to continue to take prosecutions under the Child Care Act in cases where the work commenced prior to the establishment of the Agency. The Judge in his ruling in the District Court, however, took the view that, as the matters being prosecuted took place prior to the 1st January 2014, Tusla had no legal basis to pursue the prosecution.
I understand that Tusla will be seeking to have the decision reviewed as a matter of urgency and it would not be appropriate for me to comment further at this time.
