Dáil debates

Thursday, 19 September 2013

Ceisteanna - Questions - Priority Questions

Early Child Care Education Standards

4:40 pm

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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1. To ask the Minister for Children and Youth Affairs the position regarding the measures for quality of care in early years services she announced in the wake of the Prime Time programme on creches; the legislative plans she has to underpin this agenda; if any new legislation will be introduced in Dáil Éireann before Christmas; and if she will make a statement on the matter. [38913/13]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As I have outlined in previous replies, my Department and I, in conjunction with the HSE and other stakeholders, are progressing a preschool quality agenda involving a range of actions in eight key areas aimed at improving quality within early years services and enhancing the regulatory regime. The actions include improving the qualifications for all staff in preschool services to a minimum standard at FETAC level 5; improving the quality and curricular supports for preschool services when implementing the Síolta framework and Aistear curriculum, which they need to do; implementing the new national preschool standards; introducing a registration system for all preschool services; taking steps to make the inspection system more consistent and robust; publishing inspection reports online; ensuring appropriate action is taken when we find non-compliance such as we saw on the "Prime Time" programme; and increasing and widening sanctions for non-compliance.

Since July, 914 preschool inspection reports have been published on the Pobal website. I thank everybody who was involved in publishing those reports. There have been many insurance and inter-agency issues to be sorted. I also thank Early Childhood Ireland, whose representatives had some concerns but who recently said they recognise the value of those inspection reports being online, as do the public and families.

In July, the Government approved the heads of new legislation to amend the Child Care Act 1991. This legislation will increase the penalty for an offence under the Act to a maximum class A fine. More significantly, this legislation will provide a statutory basis for registration of preschool services and will introduce a range of new enforcement powers for inspectors at pre-prosecution level, and the availability of this pre-prosecution level is very important. Under the proposed new system, all preschool services will have to be registered to operate. Inspectors will be empowered to specify improvement conditions with which a service must comply, and the threat of removal of registration will be available to them.

Additional information not given on the floor of the House

This system will, for the first time, provide for timely and effective regulation and enforcement of standards in preschool services, backed up by statutory registration. This legislation is being finalised in conjunction with the Parliamentary Counsel and it is my intention to bring it before the Oireachtas during the current term.

In addition, my Department, in conjunction with the preschool inspectorate, is working to develop new protocols on regulatory compliance to provide greater clarity and consistency of approach in the way inspection reports deal with findings of serious non-compliance as opposed to minor breaches and full compliance. New national quality standards for preschool services will be launched before the end of the year. These standards will complement the existing preschool regulations, replacing previous explanatory notes, and will set out the quality outcomes and supporting criteria against which inspection under the preschool regulations will be measured. Discussions are continuing in the context of budget 2014 on additional resources for the inspection system.

I have decided to introduce new qualification requirements for child care services starting in September 2014. The current minimum requirement of level 5 for preschool leaders delivering the preschool year will be increased to level 6. In addition, all preschool assistants and all other staff caring for children in a new preschool service will be subject to a minimum requirement of level 5. These requirements will be effective from September 2014 for new services and from September 2015 for existing services. My Department is examining measures to support training for child care staff in line with the increased qualification requirements.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I apologise for being late. The Minister has reiterated what she has told us on previous occasions about the eight key areas she sees in this area. The registration process was to be introduced in September this year. I hope the Minister can confirm that this will still be the case.

In July, the Minister approved the heads of a Bill to increase the penalty for non-compliance. When will that Bill come before the House for us to debate it and support the Minister in her efforts? This is warranted, but I hope it will be forthcoming soon.

On the 914 inspection reports, only five or six counties have managed to put their inspection reports online. Has the Minister sought and received permission from Minister for Public Expenditure and Reform, Deputy Howlin, to hire additional social inspectors? At a committee meeting before the summer, we heard there were only 37 full-time social welfare inspectors inspecting 4,700 crèches. Has the Minister sought permission to increase the number of inspectors? The Minister said the Children First legislation was one of her key priorities on assuming office. Can she assure the House that this legislation will be debated in the Houses of the Oireachtas before Christmas and that childminders will be included in this legislation?

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Let us look at the big picture. For the first time we have national inspection and inspection reports online. They were never available before except under freedom of information requests from parents. We are bringing in national standards for the first time and frameworks that will be applied consistently. This is a huge number of changes. There will also be legislation, which I hope to introduce shortly. The legislation is well developed. I got permission for the drafting of it, a huge amount of work was done over the summer and I expect to introduce it shortly. It is being finalised in conjunction with the Parliamentary Counsel, and I intend to bring it before the Oireachtas this term.

In addition, we are bringing forward new protocols on regulatory compliance to provide greater clarity and consistency in inspections. Registration on a non-statutory basis was introduced from 1 September and as soon as the legislation is enacted it will become statutory. Inspectors will have powers to take action immediately, including withdrawing registration. As the withdrawal of registration will mean that the service cannot continue, it is a powerful tool where inspectors are not satisfied with what is happening in preschools.

Work is ongoing on the Children First legislation, which is very complex in terms of sanctions and reporting. As it will be onerous on services, I want to be sure it is high quality legislation. Earlier this week I met an international expert in this area who told me that every state in Australia has provided for mandatory reporting. If one has concerns that a child is being abused, it is right that one should be required to report them. The key issues are training and the thresholds of reporting significant harm so that the services are not overwhelmed with inappropriate referrals. These issues are being taken into account in the drafting of the legislation and I will bring the Bill to the House at the earliest opportunity.

4:50 pm

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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Sometimes one would think nothing was done in the child care setting prior to the Minister's appointment. I accept that certain areas needed to be strengthened. Fianna Fáil proposed legislation in this regard during the last Dáil session. I welcome that legislation is being drafted but the issues involved are mainly technical in nature and they should be addressed in weeks rather than months. The Bill needs to be prioritised. We would support the Minister by sitting on a Friday to ensure the Bill is debated and passed through the House.

The Minister did not answer my question on additional resources for inspectors. She acknowledged that the inspectors are under resourced in terms of personnel, support and training. Has she obtained the much needed additional resources to ensure her plans proceed? Can she confirm that child minders will be included in the Children First legislation? She was wary about this previously. Perhaps she now sees the benefit of including them after speaking to her colleagues and the experts from Australia.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Gordon Jeyes is putting in place a national inspection system for preschool facilities for the first time. I am in discussions with the Minister for Public Expenditure and Reform on allocating sufficient resources to employ an inspector in every area. That will be a budgetary decision but my Department and I are involved in key discussions in that regard. It is clear that we need more inspectors and I want to ensure that inspectors are available on a consistent basis around the country.

In regard to the Deputy's question about the number of inspections, they have been completed in a number of counties, including Limerick, Clare, Mayo, Sligo and Donegal. As there are 4,400 services, a significant number of reports must be prepared. Approximately 30% of the reports have issued thus far. The agencies involved have done well to start the process but it is resource intensive and we want inspectors to be inspecting rather than concentrating on putting the reports online. Their work has to be balanced.

I have not made a final decision on the issue of child minders but it is under consideration. We will have to think carefully about the implications of including, for example, those who mind children under the age of three versus all child minders.