Michael Ring (Mayo, Fine Gael)
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Question 301: To ask the Minister for Health and Children the appeals mechanism in place in relation to the inspection process for privately owned child care facilities in County Mayo; if there is an independent inspectorate that will arbitrate complaints from private sector operators; and if she will make a statement on the matter. [38666/06]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Health Service Executive has statutory responsibility for the implementation of the Child Care (Pre-School Services) Regulations 1996 and (Amendment) Regulations 1997, which give effect to the provisions of Part VII of the Child Care Act 1991 and provide for notification to, and inspection by the Health Service Executive of pre-school services. The Regulations apply to pre-schools, playgroups, day nurseries, crèches, childminders looking after more than three pre-school children (other than their own such children) in the childminders own home and other similar services which cater for children under six years of age.

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.

Both the appeals mechanism in place in relation to the inspection process for privately owned childcare facilities in County Mayo and the arbitration of complaints from private sector operators relate 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. Accordingly, my 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.