Oireachtas Joint and Select Committees

Wednesday, 17 October 2012

Select Committee on Justice, Defence and Equality

National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: Committee Stage

2:00 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael) | Oireachtas source

While I understand the intent behind the Deputy's amendments, I am unable to accept them. If accepted, they would contravene the provisions in the Bill that exempt private arrangements from vetting. Furthermore, these amendments would require the vetting of persons who provide any level of childminding for any period. This is not practical.

As the Deputy may know, the Child Care (Pre-School Services) Regulations 2006 already require vetting for all persons working in child care facilities that provide a service for three or more children. The national vetting bureau Bill also requires that any agency or relevant organisation providing childminding, nanny or au pair services must apply for vetting disclosures in respect of the persons that it employees to provide such services.

However, the "relevant organisations" definition contained in the Bill very deliberately excludes private arrangements made by parents to have their children minded outside of regulated child care services. This is for a number of reasons, but principally two. First, it is not practical or feasible for the State to seek to police all private childminding arrangements. For example, if a parent chooses a grandparent, in-law, neighbour, nanny, au pair, sibling or family friend to mind his or her child regardless of whether that person is paid, the parent is free to make child care arrangements that are appropriate to his or her circumstance. Second, it is not the intention to criminalise parents for making such arrangements. Therefore, it is not feasible to require vetting disclosures in respect of such private arrangements.

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