James Geoghegan (Dublin Bay South, Fine Gael)
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367. To ask the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 322 of 20 February 2025, if she will highlight by reference to the specific text provided in the reply which sentence or set of sentences replied to the specific question asked; if she agrees that the commitment contained in the programme for Government as set out in the parliamentary question is a brand new policy which is without prejudice to all of the previous policies set out in the reply to the parliamentary question; if she is committed to implementing the commitment made in the programme for Government to extend the national childcare scheme to childminders working in the family home, with sensible regulations that fit home-based care; how that specific commitment will be fulfilled; and if she will make a statement on the matter. [8988/25]

Norma Foley (Kerry, Fianna Fail)
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The Programme for Government states that 'childminding plays a significant role in the provision of early years and school aged care and should remain a viable choice for parents'. It goes on to commit to:

'Extend the National Childcare Scheme to childminders working in the family home, with sensible regulations that fit home-based care',

'Support childminders through the Tusla registration process and expand access to local training opportunities', and

'Continue to provide grants that help childminders improve safety and quality through essential toys, equipment, and technology'.

My answer to Parliamentary Question 322 referred to childminders working in the childminder's family home. In this context, my answer noted that all childminders are now eligible to register with Tusla. This follows the commencement of legislation on 30th September 2024 which removes the legal exemption of childminders from registration and ensures parents who use Tusla-registered childminders are eligible for subsidies under the National Childcare Scheme. My answer went on to note the supports available to childminders working in the childminder's family home, including supports to guide childminders through the Tusla registration process including a pre-registration training course. My answer also referred to the Childminding Development Grant that I launched earlier this month, which provides up to €1,000 for both registered and unregistered childminders to enhance quality and safety in their service through the purchase of toys and equipment.

The Child Care (Amendment) Act 2024, enacted and part commenced last year defines a “childminding service” as follows:

‘childminding service’ means a service that—

"(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 in the childminder's family home.

The childminding-specific Regulations, which came into effect last September, are designed to be proportionate and appropriate to the home and family setting in which childminders work. The regulations differ substantially from regulations for centre-based childcare.

The 2024 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.

The National Action Plan for Childminding distinguishes childminding which involves care in the childminder’s home from care that takes place in the child’s home, which may be carried out by a nanny, au pair or babysitter. This distinction is also reflected in the legal definition of a childminder set out in the primary legislation.

The employment relationship and the legal and regulatory context are different between childminders who work in the childminder’s home and someone who works in the child’s home (e.g. nannies and au pairs). A childminder working from the childminder’s own home is self-employed, whereas someone caring for a child in the child’s own home is regarded as an employee of the child’s parents. In addition, because they work in the parents’/child’s home rather than their own home, au pairs and nannies cannot be held responsible for the safety or suitability of that home for the purpose of early learning or childcare. Furthermore, the employment of someone in the child’s home may involve a combination of caring with other roles, e.g. cleaning or other domestic duties. This would require a different regulatory and funding approach, which has not yet been scoped.

The National Action Plan for Childminding does however commit to develop supports to strengthen the quality of childcare provision by nannies and au pairs. This might involve either provision of information (to parents and/or nannies/au pairs) or training for nannies / au pairs – in both cases the focus could be on what quality provision looks like as well as information about legal and employment responsibilities. I expect work on this to commence this year.

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.