Katherine Zappone (Dublin South West, Independent) | Oireachtas source

I move amendment No. 7:

In page 10, line 20, to delete "section," and substitute "section.".

Amendments Nos. 7 and 8 follow legal advice from the Office of the Attorney General. They relate to an amendment passed on Committee Stage that introduced an explicit reference to the participation of registered childminders in the affordable child care scheme in section 8 of the Bill. The intention of the Committee Stage amendment to section 8, to allow for the participation of registered childminders, is one that I fully endorse. I assure Deputies that registered childminders will be part of the affordable child care scheme. The reason I argued against the amendment on Committee Stage was that the Bill already provided for the participation of registered childminders.

Section 1 of the Bill defines "childcare services provider". This definition encompasses any provider who is on the register of providers under section 58C of the Child Care Act 1991, which is the register maintained by Tusla, the Child and Family Agency.

Section 8 requires that, in order to be part of the scheme, a child care services provider must sign a contract with the Minister. Therefore, any childminder who is registered with Tusla and has signed a contract with the Minister may take part in the scheme. I understand the intention of the Committee Stage amendment was to make the inclusion of registered childminders more explicit, but I have received legal advice from the Office of the Attorney General that any such amendment may reduce the clarity of the Bill or even undermine the inclusion of childminders.

First, as worded, section 8(2)(i) which contains the amendment made on Committee Stage describes what may be included within a contract rather than determining who is eligible to sign a contract. Second, none of the terms "Tusla-registered", "centre-based" or "childminding" is defined in statute and, as such, they have no legal status. Third, the Parliamentary Counsel has explored the possibility of changing the position of the clause and the formulation of words. However, the Parliamentary Counsel has advised that any statement in section 8 that specifies the inclusion of childminders within the term "childcare services provider" risks implying that references to "childcare services provider" in other parts of the Bill where there is no explicit reference to childminders may be interpreted not to include childminders. I acknowledge that the intention of Deputies Kathleen Funchion and Denise Mitchell in introducing the amendment on Committee Stage was to ensure registered childminders could be part of the scheme. I fully support them in that intention. For that reason, I must take care to avoid language in the Bill that unintentionally creates any uncertainty about whether registered childminders can be part of the scheme. I am sure the Deputies will share my concern in that regard.

Following on from the advice of the Parliamentary Counsel, the best way to ensure the inclusion of registered childminders is to define child care services providers in section 1 of the Bill in such a way that the definition includes registered childminders. That has already been done. At the same time, I stress that I will ensure public communications on the affordable child care scheme are clear on the fact that the scheme does include registered childminders. That is really important. I fully support the intention of Deputies Kathleen Funchion and Denise Mitchell and the other committee members who voted in favour of their amendment. However, in the light of the legal advice, I propose the deletion of section 8(2)(i).

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