James Geoghegan (Dublin Bay South, Fine Gael)
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1304. To ask the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 367 of 27 February 2025, if she accepts that the Programme for Government commitment concerned childminders working in the child’s family home whom the national action plan for childminding describe as nannies, babysitters or au pairs; if she accepts that the Programme for Government, albeit with no timescale, represents a departure from existing policy and does envisage the implementation of a policy that would extend the national childcare scheme to childminders working in the family home; and if she will make a statement on the matter. [10571/25]

Norma Foley (Kerry, Fianna Fail)
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My priority for childminding is the continued delivery of the National Action Plan for Childminding 2021-2028.

The publication of the National Action Plan followed an extensive process of public consultation and research. Recommendations for extending regulation to childminders were made in the 2013 report of the Expert Advisory Group on the Early Years Strategy ('Right from the Start') and in the 2015 Report of the Inter-Departmental Working Group, 'Future Investment in Childcare in Ireland'. The then Minister for Children and Youth Affairs established an expert group on childminding reform in 2016, chaired by Childminding Ireland. Its report, published in 2018, led to development of a Draft Childminding Action Plan, which was published in 2019 and was the focus of extensive public consultation. In light of this consultation, plans were revised, and the National Action Plan for Childminding was subsequently approved by Government and published in April 2021.

The National Action Plan set out a phased approach to regulation with a preparatory phase followed by an extended transition period, to allow childminders lead-in time for any requirements. This supportive, phased process 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 this reform.

After a further period of public consultation during Phase 1 of the National Action Plan, childminding-specific Regulations came into effect in September 2024, alongside amendments to the Child Care Act 1991 (through the Child Care (Amendment) Act 2024) which removed the legal exemption from regulation of childminders who work in the family home of the childminder.

This was a significant milestone in the implementation of the National Action Plan for Childminding.

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 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. Childminders now have a three-year transition period (to September 2027) during which they are able to register with Tusla but are not yet required to do so. Once registered with Tusla, a childminder can apply to take part in the National Childcare Scheme, thus opening access to subsidies to parents who use childminders.

During the transition period, supports are available for childminders at local level through the City and County Childcare Committees. Each City and County Childcare Committee employs a Childminding Development Officer, who provides a range of supports to local childminders, including a short pre-registration training course. A Childminding Development Grant is also currently open for applications, through the City and County Childcare Committees.

While my Department has successfully completed Phase 1 of the National Action Plan, considerable challenges lie ahead during Phase 2 in supporting the large number of unregistered childminders to register with Tusla and take part in the National Childcare Scheme before the end of the transition period in 2027. Given the scale of the challenge that still remains, my priority is to deliver on the remaining phases of the National Action Plan in the coming years.

The National Action Plan commits to a review of the initial implementation of the childminding-specific Regulations before 2028. This review will be broad in scope. My Department will undertake this review (which will include consultation with childminders and other stakeholders) during the three-year transition period which runs to 2027. Following conclusion of this review I will give consideration to the appropriate next steps.