Jan O'Sullivan (Limerick East, Labour)
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Question 278: To ask the Minister for Health and Children if a child care facility that has closed down can be held to account for lapses of care while it was operational; and if she will make a statement on the matter. [14579/08]

Jan O'Sullivan (Limerick East, Labour)
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Question 279: To ask the Minister for Health and Children her views on strengthening regulations on child care to oblige a certificate of registration to be visibly displayed on the premises; and if she will make a statement on the matter. [14580/08]

Jan O'Sullivan (Limerick East, Labour)
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Question 280: To ask the Minister for Health and Children if the regulations governing child care providers allow for action to be taken against a provider who does not register despite minding a number of children that should oblige them to be registered; and if she will make a statement on the matter. [14581/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I propose to take Questions Nos. 278 to 280, inclusive, together.

Under the Health Acts, the Health Service Executive (HSE) has statutory responsibility for the implementation of the Child Care (Pre-School Services) (No. 2) Regulations 2006.

Where lapses of care have occurred while a pre-school service was operational but the service has subsequently closed, the response of the various regulatory and enforcement authorities will be determined by the nature of the lapse. For example in circumstances where a criminal matter is under investigation, it will be a matter for an Garda Síochána to determine. Where a breach of the Child Care (Pre-School Services) (No. 2) Regulations has occurred or been reported, it will be followed up on by the HSE Pre-School Inspectorate, depending upon the nature of the breach, if proceedings have already been initiated in the District Court.

Under Part VII of the Child Care Act 1991, which governs supervision of Pre School Services, the HSE has no powers of closure. In practice, therefore following an inspection of a child-care facility where there is grave and immediate danger to the health, safety and welfare of pre-school children, the service can be requested by the HSE to close voluntarily. This voluntary closure may be followed by legal action where deemed appropriate, in which case a fine of up to €1,000 on each proven offence may be imposed on the service provider. The presiding Judge may also, under Article 57 (2) of the Child Care Act, by order prohibit a service from operating for a period specified on the order. If the lapse concerns a child protection matter, it will be followed up on by the HSE child protection services.

The Child Care (Pre-School Services) (No. 2) Regulations, which were last updated in 2006 require that a person proposing to carry on a pre-school service gives notice in writing to the HSE at least 28 days before the commencement of the service. There is no requirement under the regulations to display this notification. A Child Care (Pre-School Services) Regulations Committee has been established by my Office to oversee their implementation and review where considered necessary or appropriate. The Committee will consider changes to the current Regulations in this context.

In instances where notification is not given to the HSE and the Executive becomes aware that a service is in operation, it is normal practice for the Pre-School Inspectorate to contact the service and request it to notify. Failure to do so would constitute a breach of the Regulations and the service provider may be prosecuted for operating a non-notified service.