Roderic O'Gorman (Dublin West, Green Party)
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The National Action Plan for Childminding 2021-2028 commits to opening the National Childcare Scheme to families that use childminders at the earliest possible opportunity, though it will be necessary first to amend the Child Care Act 1991, to develop and introduce childminder-specific regulations, and to give childminders adequate time and support to meet regulatory requirements.

The Childcare Support Act 2018, which provides a statutory basis for the National Childcare Scheme, specifies that only Tusla-registered providers are eligible to participate in the National Childcare Scheme. The restriction of public funding to Tusla-registered providers helps ensure that funding is only provided where there is assurance of the quality of provision.

Childminders who are currently minding four or more preschool children, or seven or more children of any age, are already required to register with Tusla and can already access the National Childcare Scheme. While only a small number of childminders are currently registered with Tusla, it is intended that the National Action Plan for Childminding will result in the opening up of the National Childcare Scheme to a much wider cohort of childminders.

Phase 1 of the National Action Plan, which is nearing completion, involves the amendment of the primary legislation to enable childminders to register with Tusla; the development of new, childminder-specific regulations that are proportionate and appropriate to the home environment in which childminders work; development and roll-out of new, bespoke training for childminders; and re-examining the funding and financial supports available for childminders.

The General Scheme of the Child Care (Amendment) Bill 2023 was published in April 2023 and pre-legislative scrutiny was completed in June 2023. The Bill, when enacted, will revise and update the Child Care Act 1991 to reflect changes in child welfare and protection services in Ireland and will revise and update the regulation of early learning and childcare services. The Bill deals with a number of reforms including the removal of the exemption of childminders, allowing for the extension of regulation and supports to all paid, non-relative childminders.

The Department continues to engage with the Office of the Parliamentary Counsel and the Tusla Early Years Inspectorate throughout the drafting process. The Bill is included in the Spring Legislative Programme for 2024 and the current intention is to complete all stages of the legislative process of the Oireachtas by Q3 of 2024.

Work on drafting the childminding-specific regulations began in 2022. A public consultation on the draft regulations opened on 8th February and will close on 2nd May. Possible revisions to the draft regulations will be considered once the public consultation has ended. There may also need to be consequent amendments to preschool and school-age service regulations.

Childminders have been consulted on and involved in all aspects of the process that has led toward the regulation of childminding. Consultation with childminders underpinned the development of the National Action Plan itself: the Draft Action Plan was based on the report of a working group chaired by Childminding Ireland, and there was extensive consultation with childminders – and parents – on the Draft Action Plan. The Steering Group for the National Action Plan and its four Advisory Groups – including the expert Advisory Group on Regulation and Inspection of Childminding – all include childminders and Childminding Ireland as a representative body of childminders.

The General Scheme of the Child Care (Amendment) Bill 2023 included a proposed transition period of three years, during which childminders would be able to register with Tusla (and therefore take part in the National Childcare Scheme) but would not be required to do so. This proposed transition period is intended to give childminders time to meet the regulation and registration requirements that are put in place.