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Childcare Services Regulation

Dáil Éireann Debate, Tuesday - 22 October 2019

Tuesday, 22 October 2019

Questions (75)

Kathleen Funchion

Question:

75. Deputy Kathleen Funchion asked the Minister for Children and Youth Affairs the position regarding the recently investigated crèches (details supplied); the steps being taken to address issues raised by parents of children attending this service provider which continues to be in operation; and if she will make a statement on the matter. [43272/19]

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Written answers

As the independent Statutory regulator, Tusla exercises its regulatory powers and responds to breaches of regulations within its remit, while respecting fair procedures and natural justice. Given the risk of prejudicing enforcement actions and/or legal proceedings, neither Tusla nor my Department can provide details in relation to any ongoing actions that may be under way in any individual cases.

I can assure the Deputy however - and the parents of children attending the services in question - that Tusla is continuing to monitor each of the services to which the Deputy referred.

I fully acknowledge that parents who may be utilising a service where enforcement action is occurring may be very concerned to know the detail of any actions that may be under way, and the reasons for this. However, the independent statutory regulatory, Tusla, must be allowed to do its work thoroughly. If Tusla's inspection and enforcement actions were to be compromised or prejudiced in any way, that would not be in the interests of children or families.

It is important to stress that wherever there is evidence of a serious risk to children, Tusla bring this to the attention of Social Work services - which is a requirement under the Children First Act - and in such instances parents are informed regardless of whether inspection reports or enforcement actions are ongoing.

More broadly, concerns have rightly been raised by parents and the public about their legitimate interest in knowing the findings of inspections, and the registration status of service providers, as early as possible in the process. Again, there is a need for Tusla to ensure due process, which includes, for example, giving service providers the right to reply and the right to correct potential inaccuracies in inspection reports before publication.

Following the RTÉ broadcast in July, Behind Closed Doors, I wrote to the Chair of Tusla to ask what additional powers Tusla might need. Following Tusla’s reply, my Department is now examining legislative options, which may include mechanisms to inform parents of inspection findings at an earlier stage, to require services to display prominently their inspection status, and to alert parents in relation to the operation of unregistered services.I will be happy to update colleagues when further information in this regard is available.

Finally, I would encourage all service providers to be open with parents,  to respect the rights of parents  to ask questions, and to keep parents informed regarding their compliance with regulations. Any parent across the country who wishes to consider alternative service provision in their area should make contact with their local Childcare Committee for information. Please see www.myccc.ie  for contact details for local City / County Childcare Committees.

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