Robert Troy (Longford-Westmeath, Fianna Fail)
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247. To ask the Minister for Children and Youth Affairs if she will re-examine the 2016 child care regulation stipulating that only staff with a major level 5 qualification in early childhood care and education can be included in adult to child ratios. [2026/17]

Katherine Zappone (Dublin South West, Independent)
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The majority of the Child Care Act 1991 (Early Years Services) Regulations 2016 came into effect on 30th June 2016.

The Regulations provide that each employee working directly with children attending the service must hold at least a major award in Early Childhood Care and Education at Level 5 on the National Qualifications Framework or a qualification deemed by the Minister to be equivalent. The Regulations clearly state that the service provider must ensure that their staff meet this standard. This section of the regulations took effect on 30th June 2016 for services registering after that date and for all other services on 31st December 2016.

My Department introduced this regulatory change following many years consultation with the sector. Mindful of the challenge that it would present to the sector, my Department introduced the following supportive measures:

- Learner Funds to provide sector workers with an opportunity to upskill to a Level 5 qualification.

- The Regulations provide an exemption up to 1st September 2021 for certain existing childcare staff who intend to retire from the sector in the near future, do not hold the minimum qualification and who do not wish to undertake a course of training at this stage. This option was first publicised through the City / County Childcare Committees in 2014. The Regulations stipulate that persons wishing to avail of this exemption must, by 30th June 2016, have signed the necessary declaration and be in possession of a letter from the Minister confirming that the exemption had been granted.

Given the considerable lead-in time, during which the sector was aware that a minimum qualification requirement was going to be introduced, I do not consider there is any justification for amending the Regulations. Staff who have completed a relevant award at NFQ Level 5 or above by the 31st of December, or who were granted an exemption before the 30th June 2016, will meet the regulatory standard. Staff who are currently undergoing education to achieve a Level 5 award will not meet the regulatory standard until that award has been achieved.

Robert Troy (Longford-Westmeath, Fianna Fail)
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248. To ask the Minister for Children and Youth Affairs if she will implement the proposals put forward by a women's centre (details supplied) in a recent submission relating to the 2016 child care regulation requirements. [2027/17]

Katherine Zappone (Dublin South West, Independent)
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The majority of the Child Care Act 1991 (Early Years Services) Regulations 2016 came into effect on 30th June 2016.

The Regulations provide that each employee working directly with children attending the service must hold at least a major award in Early Childhood Care and Education at Level 5 on the National Qualifications Framework or a qualification deemed by the Minister to be equivalent. The Regulations clearly state that the service provider must ensure that their staff meet this standard. This section of the regulations took effect on 30th June 2016 for services registering after that date and for all other services on 31st December 2016.

In light of the implementation of the Childcare Regulations, from December 31^st2016, Community Employment Scheme participants working in childcare services who do not have relevant childcare qualifications can no longer count towards the ratio of staff to children required.

The Department is aware that some community/not-for-profit services have relied on Community Employment workers as a core component of their business model. The Department commissioned Childcare Committees Ireland (CCI) to investigate the extent of likely issues and to work with community childcare services to minimise the impact of this change.

As of end 2016, 201 Community Services had undertaken a review. Of these, CCI have indicated that 60 are likely to be significantly impacted by the qualifications requirement. The Department has indicated that funding may be available to assist these services, and is currently considering proposals in this regard.

CCI, with the approval of Early Years Unit of the Department, have developed a business planning/cost analysis template and is continuing to work with services to identify a sustainable path forward, incorporating the cost of staff to replace CE scheme workers, based on a ‘cost per FTE child’ analysis.

I have no plans to amend the regulations as they apply to Community Employment Scheme Workers.