Dáil Éireann Debate, Wednesday - 22 January 2025
1259. Deputy Brian Stanley asked the Minister for Children, Equality, Disability, Integration and Youth if he will review the current rules regarding registered childminders, who use their own home, having the facility to use someone on their approved emergency contact list in case of a medical appointment, and so on; and if he will make a statement on the matter. [1560/25]
View answerOn 30 September 2024 I commenced relevant sections of the Child Care (Amendment) Act 2024, including the removal of the exemption from registration for childminders, and the Child Care Act 1991 (Early Years Services) (Childminding Regulations) 2024. This allowed for the registration of childminders with Tusla.
This was a milestone in the implementation of the National Action Plan for Childminding 2021-2028 (NAPC). Phase 1 of the NAPC, which is now complete, included extensive consultation. I am satisfied that the childminding-specific Regulations are proportionate and appropriate to the home and family setting in which childminders work. In finalising the Regulations, substantial changes were made in response to feedback in the public consultation last year.
The Act provides for a transition period of three years before registration becomes mandatory. During this three-year period, childminders can register with Tusla but are not required to do so. This phased approach aims to facilitate the largest possible number of childminders to enter the regulated sector, the sphere of quality assurance, and access to Government subsidies, while recognising the time and supports required for childminders to learn about and prepare for registration.
Under the amendments made in the 2024 Act, the definition of a childminding service:
"(a) entails an individual taking care, by himself or herself, of children under the age of 15 years, in the home of the individual, and
(b) is provided to children (other than that individual’s own children) for a total period of not less than 2 hours per day."
In line with this definition, a primary feature of a childminder is that they undertake the work themselves and there are no staff employed in the service.
In developing the Regulations, I acknowledged the need for support in exceptional circumstances and this resulted in the inclusion of Regulation 15 which provides for emergency cover in limited circumstances:
"To assist the childminder in the event of an emergency, a childminder shall ensure that one or more persons, aged 18 years or over, familiar with the operation of the childminding service are, at all times, within close distance of the childminding service and available to attend the childminding service."
This would allow for cover in emergency situations such as where the childminder or a child falls ill and must be taken to hospital. It is not intended to cover medical appointments.
The NAPC commits to a review of the initial implementation of the childminding-specific Regulations before 2028. I have previously stated that the Department will undertake this review, which will include consultation with childminders and other stakeholders, during the transition period.
