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Joint Oireachtas Committee on Children and Youth Affairs: Issues Regarding Childcare Facilities: Discussion (31 Jul 2019)

Anne Rabbitte: Can Tusla not go straight to the High Court? Can it not seek an injunction to close a service immediately?

Joint Oireachtas Committee on Children and Youth Affairs: Issues Regarding Childcare Facilities: Discussion (31 Jul 2019)

Anne Rabbitte: That is not within Tusla's powers.

Joint Oireachtas Committee on Children and Youth Affairs: Issues Regarding Childcare Facilities: Discussion (31 Jul 2019)

Anne Rabbitte: The Act refers to a period of 21 days. To be fair to parents who are enrolling children, I did not realise until I had read through the Act that Tusla does not have such powers. Tusla does not have the power to close down an unregistered service. At the same time, it does have powers to work with unregistered facilities. It is in this context that we are trying to understand the position...

Joint Oireachtas Committee on Children and Youth Affairs: Issues Regarding Childcare Facilities: Discussion (31 Jul 2019)

Anne Rabbitte: In this particular instance, the service was a single entity but it was also part of a chain. The core person responsible for the two other crèches had registered both of them. We talked about the need for evidence. The evidence was that, on 25 September 2017, there were no cots available for nine children under two years of age at one of the other sites. The inspection also revealed...

Joint Oireachtas Committee on Children and Youth Affairs: Issues Regarding Childcare Facilities: Discussion (31 Jul 2019)

Anne Rabbitte: What does Tusla consider to be a red flag? I refer to a service not having an adequate insurance certificate due to an insufficient number of children being covered or a service not having suitable sleeping facilities for children. What comprises a red flag such that a 21-day notice would be issued?

Joint Oireachtas Committee on Children and Youth Affairs: Issues Regarding Childcare Facilities: Discussion (31 Jul 2019)

Anne Rabbitte: I do not mean to interrupt Mr. Lee, but has Tusla deregistered a service in a situation in which it cannot produce an inspection report or communicate with the parents and where parents are still sending their children into a service blind and not knowing what is going on behind the scenes? I acknowledge that Ms McDonnell already addressed many of my questions in terms of her communication...

Joint Oireachtas Committee on Children and Youth Affairs: Issues Regarding Childcare Facilities: Discussion (31 Jul 2019)

Anne Rabbitte: I ask the Tusla delegates to identify the red flags. I apologise for pressing the point. I ask because the "RTÉ Investigates" programme highlighted red flags such as a failure to adhere to the ratio of 1:3 in a baby room and 1:5 in a wobbler room, as well as insurance and fire safety issues. What parents listening to these proceedings wish to hear is that there is a red flag such that...

Joint Oireachtas Committee on Children and Youth Affairs: Issues Regarding Childcare Facilities: Discussion (31 Jul 2019)

Anne Rabbitte: What about the regulations on matters such as the adult-child ratio which must be adhered to?

Joint Oireachtas Committee on Children and Youth Affairs: Issues Regarding Childcare Facilities: Discussion (31 Jul 2019)

Anne Rabbitte: I wish to ask a final question of the representatives of the Department. As I mentioned last week, the HSE has the power to close down a dirty kitchen. What additional powers or regulation are required from a policy and legislative point of view such that we can ensure that when red flags are identified we do not have to wait forever and a day, or 15 months, for the required action? We...

Joint Oireachtas Committee on Children and Youth Affairs: Issues Regarding Childcare Facilities: Discussion (31 Jul 2019)

Anne Rabbitte: Absolutely.

Joint Oireachtas Committee on Children and Youth Affairs: Issues Regarding Childcare Facilities: Discussion (31 Jul 2019)

Anne Rabbitte: Or if I knew I could not get my evacuation trolley out of the bedroom or the coffee room.

Joint Oireachtas Committee on Children and Youth Affairs: Issues Regarding Childcare Facilities: Discussion (31 Jul 2019)

Anne Rabbitte: If it is unregistered.

Joint Oireachtas Committee on Children and Youth Affairs: Issues Regarding Childcare Facilities: Discussion (31 Jul 2019)

Anne Rabbitte: I want to ask a question if Deputy Mitchell does not mind. When we have an outbreak of chicken pox or measles in a creche we notify the parents. We are obliged to put a notice on the front door that there is an outbreak of X or Y. When a creche does not hit regulation, why can the same notice not be put up saying the creche does not meet the standards on X, Y or Z? We are supposed to know...

Joint Oireachtas Committee on Children and Youth Affairs: Issues Regarding Childcare Facilities: Discussion (31 Jul 2019)

Anne Rabbitte: What about the fire regulations?

Joint Oireachtas Committee on Children and Youth Affairs: Issues Regarding Childcare Facilities: Discussion (31 Jul 2019)

Anne Rabbitte: Names, addresses or anything like that are not needed. It is put on the front door because that prevents people from entering in case they become contagious.

Joint Oireachtas Committee on Children and Youth Affairs: Issues Regarding Childcare Facilities: Discussion (31 Jul 2019)

Anne Rabbitte: No, but the evidence is there. The regulation has been breached because the ratio has not been adhered to. I am coming back to the regulation and it has been breached in such a case. The regulation has not been adhered to or the fire regulations have not been complied with. That can be done. It is a simple solution on an interim basis until we have the legislation. That is what parents...

Joint Oireachtas Committee on Children and Youth Affairs: Issues Regarding Childcare Facilities: Discussion (31 Jul 2019)

Anne Rabbitte: It is a fact. The ratio has been breached.

Joint Oireachtas Committee on Children and Youth Affairs: Issues Regarding Childcare Facilities: Discussion (31 Jul 2019)

Anne Rabbitte: Absolutely.

Joint Oireachtas Committee on Children and Youth Affairs: Issues Regarding Childcare Facilities: Discussion (31 Jul 2019)

Anne Rabbitte: I am not asking Tusla to do it.

Joint Oireachtas Committee on Children and Youth Affairs: Issues Regarding Childcare Facilities: Discussion (31 Jul 2019)

Anne Rabbitte: It is for Mr. Lee. How many crèches are on the critical list following inspections?

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