Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Section 58D(9)(c) provides that the agency must remove from the register any provider that has contravened a condition of the registration within a 12-month period. There is no discretion attaching to this action. I am of the view that the period of 12 months is reasonable with regard to the application of the sanction concerned and is modelled on existing provisions governing the regulation of residential centres for children. I am further of the view that a breach of conditions that occurred three years previously might not be reflective of the current practice of a service provider. Accepting this amendment would require in such instances removal of that service provider from the register.

Deputies must bear in mind that this legislative framework will, once enacted, require services to be registered in order to operate. It will be an offence to carry on an early years service without such registration. Removal from the register and the necessity to cease operation of an early years service is the option of last resort but it is the right option when people are not complying with conditions. There is much work being done to prepare for the significant change in the way in which the inspection system will operate. I will remain in close contact with the inspectorate during the implementation phase and keep this and other related matters under review. At this point I do not propose to accept the Deputy's amendment. I will keep it under review as we get feedback from inspections and see the new regime in place.

See this speech in context