Robert Troy (Longford-Westmeath, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

1. To ask the Minister for Children and Youth Affairs why there has been a delay in the publication of inspection and quality regulations for preschools; when these will be published; and if all registrations of preschool providers will be completed within the statutory three-year timeframe. [42947/15]

Robert Troy (Longford-Westmeath, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The Minister will remember that back in May 2013, the whole island was shocked at the revelations in the "Prime Time" programme, Breach of Trust, an exposé of awful practices which had been going on in some early year settings. In light of that, the then Minister for Children and Youth Affairs promised a comprehensive review and a speeding up of the publication of revised regulations for child care standards. Given the fact we are now two and a half years on from that, can the Minister say when these will be published? Does the Minister believe we will be able to complete the re-registration process in all our preschool services within the three-year timeframe stipulated at the time?

James Reilly (Dublin North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

In order to provide for the implementation of the legislative changes to the Child Care Act 1991, which were enacted through the Child and Family Agency Act 2013, it was necessary to carry out a root and branch re-examination of the 2006 child care regulations, including a restructuring of the regulations in line with the latest drafting practices. This exercise has proven to be more time consuming than originally envisaged and my Department is continuing to work closely with the Office of the Parliamentary Counsel to finalise the text of the new regulations. I hope to be in a position to publish the new regulations shortly.

The legislative changes to the Child Care Act include the requirement that every preschool service be registered with the Child and Family Agency before being permitted to operate. Every preschool service that was notified to the Health Service Executive prior to the commencement of the Child and Family Agency Act was deemed to be registered for a period of three years. This requirement has been in place since the Act was commenced in January 2014 and does not require regulations to underpin it. The legislation requires that every preschool service that was deemed registered under the terms of the Act must be re-registered by 1 January 2017. The Department is working with the agency to ensure that this task will be completed within the required timeframe.

I secured additional funding of €1.1 million in budget 2016 to support the early years inspectorate in the development of its service. This funding will be used by the agency to recruit 17 additional staff, including additional inspectors and a registration manager who will run a dedicated registration office where all the administrative tasks associated with registration will be carried out.

The Deputy may wish to note that the early years inspectorate has inspected 1,659 services so far this year, an increase of 68% on the same period in 2014.

Robert Troy (Longford-Westmeath, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Despite the ongoing duplication of inspection systems in early years settings, it is questionable whether the procedure is robust enough to identify services that pose a risk to the health and welfare of children. There are massive gaps in oversight across many regions. That is why the Minister's predecessor, supported by all sides of the House, acknowledged the need for the publication of the new regulations. What is the reason for the delay? We are constantly told we have a new fully fledged Department with its Minister sitting at the Cabinet table. Given that there is a full Department in operation, one would imagine regulations as important as these would have been published without delay. They are required urgently.

The Minister rightly referred to the passage of the legislation in January 2014. It means that 4,500 early years services must be re-registered by 1 January 2017, despite the fact that this deadline is just one year away. Two years have elapsed in which not one of the services has applied to re-register. The Minister may correct me if I am wrong. If what I say is correct, we are leaving 100% of the work to be done in one third of the time. Is the Minister confident that it will be completed on time?

James Reilly (Dublin North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I accept the Deputy's concern, but I must repeat the point made in my response that "the early years inspectorate has inspected 1,659 services so far this year, an increase of 68% on the same period in 2014." Therefore, the system is well advanced in terms of inspections. Inspections have not stopped because the regulations have not been reviewed and the new ones have not been put in place.

The Deputy's question on the reason for the delay is very fair and I have asked it myself. The bottom line is that when the Child Care Act was amended, the Department decided to revise the child care regulations to take account of the new requirements in the registration of services and to bring the other regulations up to date. The 2006 child care regulations, rather than setting out definitive requirements in areas such as staff ratios and space, used the words "adequate" and "suitable". They were accompanied by an explanatory guide to the requirements that set out recommendations on how service providers should comply. In fact, the early years inspectorate has measured compliance against these recommendations.

Regarding delays, the problem has turned out to be much more complex than anticipated. The matter is with the Office of the Parliamentary Counsel which is drafting the regulations. It obviously wants to be as careful as possible in the drafting and does not wish to have to revisit the matter any time soon. It wants to make sure it has them right. We are acting as a go-between between the drafter in the Office of the Parliamentary Counsel and Tusla, the Child and Family Agency, to marry the two strands together in order that we can have the best outcome for children.

Robert Troy (Longford-Westmeath, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Inspections are being carried out under the old regime. Is that not true? If a new service is to open, is must open under the old registration process, despite the fact that it is two and a half years after being promised the new registration process would be complete. That is worrying, to say the least. There is duplication of inspection systems. Does the Minister believe we would be better off if the process was streamlined and there was one comprehensive inspectorate for early years settings?

The Minister has said he has often asked about the reason for the delay himself. He is the Minister with authority and responsibility for ensuring the regulations are published. It is not acceptable, two and a half years on, that we are still awaiting them. Teething problems should have been well sorted out in the time that has expired.

With regard to the re-registration process, I asked a specific question on the 4,500 early years services available. Has any one of them commenced re-registration? I am told the answer is no. If that is the case, is the Minister confident that 100% of the 4,500 services will be able to re-register in one third of the time that was allowed?

James Reilly (Dublin North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As the Deputy will be aware from the initial answer and the passage of the Child Care Act through this House, every preschool service is required to register with the Child and Family Agency before being permitted to operate. That is a major change. Up to now, there was no way of insisting on getting into a preschool setting before opening. That is a major change and one with which we all agree.

To return to the issue of the inspectorate, in April this year because of ongoing difficulties with the regulations and their drafting, we appointed a full-time officer to finalise the text. Many of the agency's requirements had still to be interrogated and explained to the drafter at that point. Most of these matters have now been resolved satisfactorily, although not without some difficulty. The Department has submitted its latest response to the Parliamentary Counsel and hopes all queries raised by the drafter have been addressed satisfactorily.