Denise Mitchell (Dublin Bay North, Sinn Fein) | Oireachtas source

I welcome the publication of the Bill by the Minister. I hope it will finally put some shape on the consequences for providers who do not meet certain standards. It seems the Minister has found a formula that will give Tusla the powers it needs.

Childcare providers, while subject to basic standards in child protection and business law, have existed in a bit of a grey space when it comes to regulatory oversight and enforcement. I hope this Bill sets the standard in stone and we see compliance across the sector. It gives Tusla access to the enforcement tools that have been lacking for some time. The lack of enforcement has been highlighted in this House on many occasions, generally on the back of a national scandal. The new enforcement tools will allow Tusla to issue improvement orders, immediate action orders, temporary closures and closure orders. It will create a transparent system that is straightforward and easily understood by those to whom it applies. It will allow for formal information-sharing for parents, which I hope will allow parents to better understand the services into which they are placing their children. I note, however, that some concerns have been raised in this regard when it comes to childminders because the lines between personal and business information can be blurred.

Another focus of this Bill is the introduction of fit and proper person regulations, which will allow Tusla to assess how suitable a person is when that person is applying to be registered as an early learning and childcare provider. I do not think I have missed it; it seems that the legislation lacks any sort of review as to how these new enforcement powers will operate. The Minister might consider that on Committee Stage. We have had improvements in the quality and oversight of early learning and childcare providers through different amendment Bills to the Act of 1991, but it seems to be a very bit part approach - overreactive instead of proactive. Previous Acts have missed some key areas, leading to problems with enforcement persisting in the sector. From the perspective of a parent, and from a child protection point of view, it is important that this Bill plugs the gaps that exist.

The second aspect of the Bill is the intention to bring all paid, non-relative childminders into line with regulations in the coming years. I welcome the inclusion of a transition period, as provided for in section 18. While it is a legislative change, it is also an attempt to change the culture in a huge sector. I think we all agree that it will take time for this to find its feet. It is estimated that there are 50,000 childminders throughout the State, but fewer than 100 of those are registered with the State.

There has been very little consultation with those childminders who are impacted by this Bill. That is a missed opportunity, and the Minister needs to bring the sector with him if we want to see these changes succeed. He should engage with the groups concerned before bringing this to Committee Stage.

There are also outstanding questions about Tusla's ability to maintain this register. The last thing I think any of us want is for backlogs to arise when this is created.

The Minister needs to go back and carry out proper consultation with childminders. I do not think the big stick-and-carrot approach will work; I think it is doomed to failure. It is important that we have everybody's voice heard in this and that everybody's interest is listened to.

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