Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I have done a good deal of work to respond to the various amendments put forward today. I believe I have given a good deal of detail on the amendments that have already been accepted and how they cover many of the issues that have been raised. I have explained the position in respect of several of the Senator's amendments and the precise reasons that they are already covered. In respect of the last amendment, we discussed how the absolute legal advice is that the word is spelt both ways and, therefore, to start changing it at this point would not make legislative sense.

I take the Senator's intentions in terms of the Bill. The discussion has been helpful. I have also indicated in respect of one amendment that I will give directions on the points the Senator has made. I believe I am responding comprehensively to the points the Senator is making.

There is no playing around with the drafting, I assure the Deputy of that. Section 58B(1) is clear and states: "The Minister shall, after consultation with the Minister for Education and Skills and the Minister for the Environment, Community and Local Government, make regulations for the purpose of securing the health, safety and welfare and promoting the development of children attending early years services."

That could not be clearer - promoting the development of children attending early years services. That is what the Senator and I want to see. The quality issues have been neglected in the past and need to get more attention. That is the reason we are taking action on the preschool quality agenda. Section 58B captures fully the health, safety, welfare and promoting the development of children attending early years services. For any providers who may have been speaking to Members who have any doubt - it is already set out in the regulations - we are making it even clearer here. If any providers have any doubt that is an obligation, we already have regulations that are statutorily based where the challenge to promote the development of children attending early years service, applies to everybody who is working in the service. This imperative is captured in the regulations in section 58B. The inspectors will go out and inspect. The regulations against which they will inspect are that the service has to be for the purpose of securing the health, safety, welfare and promoting the development of children attending early years services. I assure Members that section 58B(1) applies to everybody who is working in the service and that it has general applicability. It is laid out clearly that this is the standard that has to apply in terms of delivering those services and so it is already well-understood.

When discussing a previous Stage of the Bill, I was asked by, I think, Deputy Caoimhghín Ó Caoláin, to repeat the equality legislation in this Bill. There is no need to repeat the equality legislation because it is already in place by statute. In fact, one is raising the applicability of it by inserting it into another Bill. It is taken that it applies to all legislation and other legislation has to be tested against it. For that reason I did not accept that amendment. I want to assure the Senator that promoting the development of children attending the early years services is statutorily reinforced in section 58B(1) and it applies across the board and to those being referred to - the duty of every person to take all reasonable measures to safeguard. I understand the point the Senator is making but it is built in and named in the regulations and it has to be applied by all people working in the area.