Where an Early Years Inspector from Tusla, the statutory regulator, finds that a member of staff working in an early years premises has not met the Garda Vetting disclosure requirements, that member of staff is required to leave the premises and is not permitted to return to work until such time as vetting has been secured and assessed by the service provider. The inspectorate uses the extent of their powers as set out under the Child Care Act 1991, Early Years Services Regulations 2016, to address the matter. Where there is persistent and significant non-adherence in relation to this Regulation, the matter will in such instances be referred to the National Garda Vetting Bureau compliance team.
A regular liaison function exists between the National Garda Vetting Bureau and the Tusla Early Years Inspectorate. To provide clarity in relation to the processes already in place and to ensure good governance, a Memorandum of Understanding is currently in development between Tusla and An Garda Síochána. Referrals between the Tusla and the Garda Vetting Bureau form part of this Memorandum of Understanding.