John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 148: To ask the Minister for Health and Children the discretion, if any, local Health Service Executive officials have to alter, amend or change child-care regulations with reference to SI 604 of 2006 and regulation 8 in particular; and if she will make a statement on the matter. [46526/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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Statutory Instrument No. 604 of 2006, provides for the Child Care (Pre-School Services) (No.2) Regulations 2006 which were made by Mr. Brian Lenihan, then Minister of State at the Department of Health and Children, in exercise of the powers conferred on him by Sections 50 and 68 of the Child Care Act 1991.

The Regulations impose legally binding requirements on pre-school services which come within their remit. Any change to the Regulations would need to be legislatively provided for through either primary or secondary legislation. Any such legislation would be a matter for the Minister for Health and Children or a Minister of State authorised to act on his or her behalf. It is not open to an official of the Health Service Executive to make any amendment to the Regulations referred to.

Pre-school services which come within the scope of the Child Care Regulations are subject to inspection by the Pre-School Inspectorate which operates under the HSE. In carrying out an inspection and determining whether there is a suitable degree of compliance with the regulatory requirements, or whether steps need to be taken to address any shortfall, the professional judgement of the Inspector will be applied, however, this does not include any discretion in regard to the intention of the Regulations.