Paul Gogarty (Dublin Mid West, Green Party)
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Question 109: To ask the Tánaiste and Minister for Health and Children the legislation which exists in relation to the regulation of child minders; the maximum number of children that a registered child minder can look after; and if she will make a statement on the matter. [14229/06]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Child Care (Pre-School Services) Regulations 1996 and (Amendment) Regulations 1997 give effect to Part VII of the Child Care Act 1991 and provide for notification to, and inspection by the Health Service Executive of pre-school services. There is no registration system for pre-school services. The regulations apply to pre-schools, playgroups, day nurseries, crèches, childminders looking after more than three children and other similar services which cater for children under six years of age. The Health Service Executive has statutory responsibility for the implementation of these regulations.

A childminder should look after no more than six pre-school children, including her own pre-school children, and no more than three of these should be under the age of one.

Some childminders are exempted from the requirements of the regulations. These are a person taking care of children of relatives, a sibling group or not more than three pre-school children of different families — other than that person's own such children — in that person's home. A voluntary notification and support system is in place since 2001 for such childminders. On voluntary notification to the childminder advisory service, which is operated at local level through the city and county child care committees-Health Service Executive, childminders are put in contact with their local childminder advisory officer. The childminder advisory officers provide networking opportunities, advice, advisory visits, support and training for childminders who voluntarily notify.

Paul Gogarty (Dublin Mid West, Green Party)
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Question 110: To ask the Tánaiste and Minister for Health and Children if there is a difference between after-school care and out-of-school care; the registration which is required legally for same; and if she will make a statement on the matter. [14230/06]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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There is no legal definition of after-school child care, but it is a term used to describe a type of out-of-school child care and school-age child care. Of these terms, the one generally used by the child care directorate of the Office of the Minister for Children under the Minister of State with responsibility for children, Deputy Brian Lenihan, is school-age child care, which encompasses all such services. A report entitled, Developing School Age Childcare, was compiled by a working group of the national child care co-ordinating committee and published last year by the directorate. For the purposes of that report, the working group defined school-age child care as being:

Child care for school-going children provided outside of normal school hours where the same children attend the child care facility on a regular basis and access to the service is clearly defined by agreement with parents and guardians.

The term "after-school child care" would generally refer to such a service which takes place after school hours during the school term. However, other school-age or "out-of-school" child care facilities may open before the school day, from 8 a.m. to 9 a.m. and-or during school holidays. There is a variety of such services provided, which reflects the diverse needs of families for such child care. There is no registration system in place for school-age child care.

Paul Gogarty (Dublin Mid West, Green Party)
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Question 111: To ask the Tánaiste and Minister for Health and Children if it is technically possible for a person operating from a premises within a housing estate to work under approval as a registered childminder in the morning and then provide a separate after-school and out-of-school service later in the day; if this infringes on any approvals granted in terms of numbers and space; and if she will make a statement on the matter. [14231/06]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Child Care (Pre-School Services) Regulations 1996 and (Amendment) Regulations 1997 give effect to Part VII of the Child Care Act 1991 and provide for notification to, and inspection by, the Health Service Executive of pre-school services. There is no registration system for pre-school services. The regulations apply to pre-schools, playgroups, day nurseries, crèches, childminders looking after more than three children and other similar services which cater for children under six years of age. The Health Service Executive has statutory responsibility for the implementation of these regulations.

Judgments as to whether a pre-school service is in compliance with the Child Care (Pre-School Services) Regulations 1996 and (Amendment) Regulations 1997 are made on inspection by the pre-school services inspection teams of the Health Service Executive. School-age child care services are not subject to child care legislation.

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. The Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.