Seanad debates

Wednesday, 4 December 2019

Nithe i dtosach suíonna - Commencement Matters

Early Childhood Care and Education

10:30 am

Photo of Neale RichmondNeale Richmond (Fine Gael)
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This issue has dominated headlines and is a cause of increasing concern. I have a personal interest in the matter as the parent of a young child attending childcare and the spouse of a childcare provider. Although my wife does not operate her own facility, she works in the sector. I have received a significant number of emails and calls on the issue and will meet several providers this week in Leopardstown and Stepaside. The services in those areas are totally oversubscribed. Without an abundance of childcare facilities, parental choice is limited.

There is confusion among providers regarding the regulations and requirements and shifting dates. Although I fully acknowledge the need to have the best standards of care for our most vulnerable, particularly our children, the current situation is of significant concern. It is my worry that many facilities will not reopen in the new year. Several facilities have written to parents to inform them that they do not have the resources to comply with the regulation requirements or complete the relatively onerous online portal.

I am appealing to the Minister to provide clarity and guidance such that I can go back to the providers and underline that this is not an attempt to punish or disrupt services but, rather, aims to ensure the best level of care is provided, and that it will incorporate an element of flexibility such that services can be delivered in a timely manner and, crucially, parents will not go through a period without a childcare provider. We must all work together to ensure that children are protected in a way that allows such flexibility.

Photo of Katherine ZapponeKatherine Zappone (Dublin South West, Independent)
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I welcome Senator Richmond's question on the re-registration of early learning and care services and the opportunity to update the House on the current arrangements. I appreciate the spirit in which he raised the matter and will attempt to provide the clarity he requests.

As he is aware, the Child and Family Agency Act 2013 provided for the establishment and maintenance by Tusla of a register of early years services providers. All services are required to re-register every three years and the majority are required to re-register by 31 December 2019. This deadline has been known to providers since 2016 and appears on their registration certificate. Over the past 18 months, Tusla has been engaging with providers regarding requirements for re-registration, including through a consultative forum of stakeholders. In August 2019, Tusla issued further guidance to service providers on specific planning permission documentation required as part of the re-registration process.

In recognition of the difficulties many providers were experiencing in completing re-registration, Tusla decided to revise the timeline for submission of supporting documentation for re-registration. Under the revised arrangements, although providers must apply to Tusla by 12 December, they have until 30 June 2020 to provide some of the supporting documentation required, including documentation on fire safety and planning requirements, which stakeholders identified as the most onerous.

My Department has been working closely with Tusla on the matter. Although the health and safety of children is the primary concern in decisions on the regulation of early learning and care services, I recognise that a balanced approach to the re-registration process is required. In that context, I fully support Tusla's decision to extend the period. On 27 November, my Department issued a letter informing providers that Tusla has revised the timeline for submission of supporting documentation for re-registration. The letter provides clear guidance on what documentation is required by the 12 December deadline and what can be submitted up until 30 June. Although the 12 December deadline is close, I am confident that the changes announced by Tusla mean it is very achievable for providers. I urge all providers to complete their applications on time for this important legal process in order to be on the register of services in January. If they do not do so, they will not be eligible for public funding.My Department has been working closely with Tusla to ensure adequate numbers of staff are in place to process applications on time and ensure effective communication with providers. In addition, my Department has supported city and county childcare committees to give advice and assistance to providers that need help with re-registration.

Most services are compliant with fire safety requirements and have not faced additional costs for re-registration. Those that are not compliant have to make changes. I am sure we will all agree on the importance of addressing fire safety concerns. In recognition of this, my Department awarded €330,000 in capital funding to community-based, not-for-profit services in 2019. This has helped to address fire safety issues that had been highlighted in inspection reports. A further, related round of capital funding will be provided in 2020 for the same purpose. When the Tusla early-years inspectorate identifies fire safety issues during inspections, it notifies the local authority fire services, which have responsibility for this.

On 12 December, providers will have to provide documentation that they should have such as proof of Garda vetting, proof of identity, a safety statement and proof of insurance cover. This is reasonable and necessary to ensure the safety of children.

Photo of Neale RichmondNeale Richmond (Fine Gael)
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I appreciate the Minister's clarification, particularly on future capital funding that is coming on stream. However, a couple of issues still need to be addressed, one being communication with providers. We have to remember that the vast majority of childcare providers are not even SMEs; they are one- or two-person operations. They are facing an administrative tsunami. When dealing with Tusla, the only way to get through to it is via the portal. This can be frustrating when someone only has half an hour or 45 minutes in the day and there is a deadline, albeit extended.

I have raised other issues in the House regarding delays in Garda vetting. I realise this subject is not under the remit of the Minister's Department but I have raised it multiple times. Vetting causes delays when planning to take on temporary staff or other new staff. I refer to circumstances that might have happened in recent months, including in respect of insurance companies providing only minimal documentation. It all adds up and causes considerable concern. I welcome, however, the Minister's clarity and the progress. I urge her Department to do anything it can to lean on, or work with, Tusla to make it a little more front facing and responsible. I am not necessarily referring to major chains but to independent providers that are struggling to deal with this issue, despite the fact that everyone involved wants the best conditions for our children. There are those within the sector who need a little more help than others.

Photo of Katherine ZapponeKatherine Zappone (Dublin South West, Independent)
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I thank the Senator again. I appreciate the spirit of his question and the manner in which he has raised further concerns. Tusla and my Department were aware of the issues he raised, especially those affecting smaller providers. There has been an attempt to ensure flexibility. My Department has tried to make sure staff are available to support the providers. There has been communication. Providers have known what is required of them for some time, as I understand it.

Having said that, I acknowledge what the Senator is saying about paperwork and processes concerning Garda vetting and insurance. It is important to be aware of this. I will communicate with my early years unit. We have had this exchange. The Senator's request is that we make sure there is additional support, provided in whatever way possible, especially for the small providers. We must determine their circumstances and whether they need additional support so they can remain open. Of course we want them to remain open. As he said, the providers with just one or two staff are running a business. There are certain requirements to ensure children are safe. At the same time, however, it is a matter of supporting the providers in the best way to meet those requirements. I will go back to the Department and make the request.