Claire Kerrane (Roscommon-Galway, Sinn Fein)
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640. To ask the Minister for Children, Equality, Disability, Integration and Youth if she is aware that under the new childminding regulations, a childminder is prevented from hiring a relief staff worker, or from accessing AIM level 7 support, or to hire a second person under any circumstances; if she will review this from the point of view of the child or children concerned; and if she will make a statement on the matter. [5717/25]

Norma Foley (Kerry, Fianna Fail)
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On 30 September 2024, relevant sections of the Child Care (Amendment) Act 2024 were commenced to provide for removal of the exemption from registration for childminders, and the Child Care Act 1991 (Early Years Services) (Childminding Regulations) 2024 came into effect on the same day. These changes allowed for the registration of childminders with Tusla.

This was a milestone in the implementation of the National Action Plan for Childminding 2021-2028. Phase 1 of the National Action Plan for Childminding, which is now complete, included extensive consultation with childminders, parents and other stakeholders. The childminding-specific Regulations, which were initially developed by the Regulation and Inspection Advisory Group, whose stakeholder membership includes childminders and Childminding Ireland, are proportionate and appropriate to the home and family setting in which childminders work. In finalising the Regulations, substantial changes were made in response to feedback in the public consultation last year.

In addition, an independent external review of the draft regulations was carried out by Dr Bill Maxwell, the former CEO of Education Scotland, former Chief Inspector in both Scotland and Wales, and OECD consultant, which confirmed that the approach was proportionate for childminding in Ireland.

The Act provides for a transition period of three years before registration becomes mandatory. This phased approach aims to facilitate the largest possible number of childminders to enter the regulated sector, the sphere of quality assurance, and access to Government subsidies, while recognising the time and supports required for childminders to learn about and prepare for registration.

Under the amendments made in the 2024 Act, the definition of a childminding service:

"(a) entails an individual taking care, by himself or herself, of children under the age of 15 years, in the home of the individual, and

(b) is provided to children (other than that individual’s own children) for a total period of not less than 2 hours per day."

In line with this definition, a primary feature of a childminder is that they undertake the work themselves and there are no staff employed in the service.

In developing the Regulations, the then Minister acknowledged the need for support in exceptional circumstances and this resulted in the inclusion of Regulation 15 which provides for emergency cover in limited circumstances:

"To assist the childminder in the event of an emergency, a childminder shall ensure that one or more persons, aged 18 years or over, familiar with the operation of the childminding service are, at all times, within close distance of the childminding service and available to attend the childminding service."

This Regulation provides for cover in emergency situations such as where the childminder or a child falls ill and must be taken to hospital. It is not intended to provide a regular back-up arrangement.

AIM supports are available to early years services (including childminding services) that deliver the ECCE programme. AIM supports are grouped into universal and targeted supports. Where universal supports are not enough to meet the needs of an individual child, targeted supports are available to ensure the child can meaningfully participate in the service. These supports consist of specialist advice and support, specialist equipment or appliances, minor building alterations, therapeutic intervention or extra assistance in the pre-school room. AIM Level 7 (extra assistance in the pre-school room) can not be awarded to a childminding service as, in line with the definition of childminding above, no staff can be employed in a childminding service.

The National Action Plan for Childminding commits to a review of the initial implementation of the childminding-specific Regulations before 2028. My Department will undertake this review, which will include consultation with childminders and other stakeholders, during the transition period.

In addition, it is open to an individual to register a service under either the 2016 Pre-School Regulations or the 2018 School Age Regulations - rather than the 2024 Childminding Services Regulations - if they wish to employ staff.