Declan Breathnach (Louth, Fianna Fail)
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1299. To ask the Minister for Children and Youth Affairs if consideration will be given to the circumstances of a person (details supplied) who now falls outside of the criteria outlined in the early years preschool regulations and her Department's child care programmes qualification requirements; and if she will make a statement on the matter. [13254/17]

Katherine Zappone (Dublin South West, Independent)
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The Child Care Act 1991 (Early Years Services) Regulations 2016 are designed to address fundamental quality issues within early years services. They provide that each employee working directly with children attending a service must hold at least a major award in Early Childhood Care and Education (ECCE) at Level 5 on the National Framework of Qualifications (NFQ), or a qualification deemed to be equivalent. The Regulations state that each service provider must ensure that their staff meet this standard. This section of the regulations took effect on 30th June 2016 for new services registering after that date, and for all other services it took effect on 31st December 2016.

My Department introduced this regulatory change following many years of consideration and consultation with the sector. Notwithstanding that the requirements set out in the Regulations were well flagged for the past number of years, and mindful of the challenge that it would present to the sector, the Department introduced the following supportive measures:

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

b) A qualifications assessment procedure, put in place by DCYA in the latter half of 2015, allows for applications to be made for individual qualifications assessment. This is conducted by DCYA in consultation with the Early Years Policy Unit of the Department of Education and Skills, and is available to anyone who applies. Each application is dealt with on a case by case basis.

c) The Regulations provide an exemption for certain existing childcare staff who intended to retire from the sector in the near future, did not hold the minimum qualification and who did not wish to undertake a course of training at that stage. The Regulations stipulate that persons seeking to avail of this exemption had to, 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.

It is my understanding that the person in question submitted an application to the qualifications assessment procedure, at b) above, and based on the documentation submitted it was deemed that they did not meet the minimum qualification requirement.

In conclusion, staff who have completed a relevant award at NFQ Level 5 or above by the 31st December 2016, 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.