Seán Sherlock (Cork East, Labour) | Oireachtas source

I am reading with interest the Minister's words before the House this afternoon. His speech states:

The second purpose is to provide for the regulation and registration of childminders who work in ... [the childminder's home] through a phased approach in line with the national action plan for childminding. I am committed to delivering childminding-specific regulations that are both appropriate and proportionate, safeguarding children and providing assurances of the quality of childminding services while acknowledging the unique circumstances of a childminder working in ... [the] family home.

If I take the Minister at his word on that, I am hopeful there will not be overreach by the State into the very special relationship that exists between a childminder and the children whom she - "she" for the most part - minds. It is a relationship that holds a very special place in Irish society. I think we all, as parliamentarians, know who the childminders in our own communities are and know the countless numbers of children they have minded. I am fearful that if the Minister's regulations, which he proposes to introduce arising from this legislation, are too strident, that will have the effect of forcing childminders of long standing out of the profession. I am fearful that if the Minister introduces an inspectorate or a regime that goes into people's homes and forces them to make significant changes to their homes, as regards signage, where furniture is placed, seating arrangements, toileting - all those things that are part of an inspection regime in a formal setting - that will be a bridge too far. I take the Minister in good faith; I do not think that is the intention of this regulation. However, insofar as I am able to do so from this vantage point, I caution the Minister and his officials - I express my gratitude to his officials for their engagement with me earlier on this - not to create something that will force people out of the sector because the regulation will be too burdensome and the people minding children will perceive that they are under the cosh as regards a change in the very dynamic of the relationship they have with the children they mind such that they are then forced to make changes to their own homes, which are private property, so as to fulfil the regulatory regime the Minister proposes to introduce.

We received correspondence from Childminding Ireland. Quite a number of testimonials were sent to Childminding Ireland in respect of people's perceptions as to what this new regime will look like. The document is interesting. I will quote from the testimonies of childminders at random. One such testimony states:

I fear registering with Tusla would become very expensive. Add on the additional and ongoing training and modifications to our homes. Then the childminder's net income will be diminished. When you reflect on the long hours currently worked and then consider the amount of paperwork required, childminders' income will be greatly reduced in value.

Another states:

In my opinion, Tusla are not the right body to govern childminders. Their NCS is anything but efficient, and childminders will be left without their wages, if my own experience in the public sector is to go by. Tusla keep changing the parameters for NCS and core funding, and I don't think that childminders would be able to cope with all the red tape.

Another one states:

I work as a childminder, believing it is my profession, and I'm proud of what I have had the opportunity to do. It has always been my intention to register on Tusla. However, it is not correct for the Government to regularise or change the childminding regulations simply to plug a hole caused by Government failings, ineptitude and inefficiency. The problem won't be solved making things difficult when the proper Government do not have appropriate public policy to attend to the demands of early education. I aim to continue this work for many years but I do not wish to be a scapegoat when the Government itself does not take care of this demand properly. I'd prefer to fight for the recognition of childminders as an essential profession in Ireland, as opposed to being a stopgap where we are only valued when there are no places available in a creche. I believe it is important to say that I am against regulation of childminders, but the actual proposal of childminding regulations aren't going to fix the problem and make it harder for childminders like myself.

It is the person's own syntax but we totally understand the sentiment being expressed and we should respect it. I hope the Minister, in response to this debate, will speak to the concerns of long-standing childminders who are, as I said, an essential component of Irish society. That relationship between the childminder and the child, and between the parent and the childminder, is a very special one. We should not do anything to upset that dynamic by foisting a regulatory regime upon childminders such that it will force them out of the sector. If that happens in numbers in a sector in which there is already massive pressure and demand for places, it will only exacerbate the problem.

The Minister is using the language of appropriateness and proportionality, which, at its core, concerns the issue of safeguarding. While that is laudable, I ask that the right tone and balance be struck so that we do not force people out of the sector.

As for the transitional period of three years, will the Minister explain the rationale behind the three-year period? There is no requirement to register until the end of the transitional period. This will ensure childminders have time to understand and prepare for new regulatory requirements. When does the Minister propose the regulatory requirements will be in place? As has been outlined by Deputy Mitchell, whose view on this I share, is there not scope for further collaboration with childminders, through their representative organisation, to tease out what the regulatory regime should look like? Assuming we take for granted that the passing of this legislation is inevitable, this would leave a space before regulations are made to ensure a regime will exist that does not force people out and that is based on pragmatism and an understanding of the nature of the relationship between the childminder and the child. I keep talking about that relationship because it is vital in every community. There is a special place for it in every community. We must not create a regime that forces people out. Childminders should be brought in to tease this out further so that an understanding is reached that is to everyone's satisfaction.

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