Norma Foley (Kerry, Fianna Fail)
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I propose to take Questions Nos. 644 and 645 together.

The regulation of early years services is dealt with in Part VIIA of the Child Care Act 1991. The Act defines a 'school-age service' as one which:

• caters for children under the age of 15 years enrolled in a school providing primary or post-primary education,
• provides a range of activities that are developmental, educational and recreational in manner, which take place outside of school hours, the primary purpose of which is to care for children where their parents are unavailable, and
• the basis for access to which is made publicly known to the parents and guardians of the children referred to in paragraph (a) of this definition.

The definition of a school age service also excludes a number of services including those solely providing activities relating to the arts, youth work, competitive or recreational sport, tuition or religious teaching.

There has been no change to this definition since amendments were introduced through the Childcare Support Act 2018.

As a result of this definition in primary legislation, in order to attend a school-age childcare service a child must be under the age of 15 and enrolled in a school providing primary or post-primary education.

Pre-school services operate under different regulations from those that apply to school-age services. Section 58A of the Child Care Act 1991 defines a 'pre-school child' as a child who has not attained the age of six years and who is not attending a recognised school. The different regulations that govern services for pre-school children safeguard appropriate care ratios and ensure that staffing levels meet the developmental needs of children in the particular service type.

School-age childcare services are required to operate within regulatory minimum adult-to-child ratios as set out in the Child Care Act 1991 (Early Years Services) (Registration of School Age Services) Regulations 2018. The prescribed ratio is the minimum number of adults required to supervise, care for and work directly with the children in the service.

The introduction of School-Age Childcare Regulations in 2018 was an important step in ensuring oversight and quality assurance of school-age childcare services, which is in the best interests of the children and families who use these services.

In setting regulatory requirements, the primary consideration must be children’s health, safety and well-being, and these were the primary factors considered when setting a minimum 1:12 adult-to-child ratio in the Regulations for school-age childcare. The 1:12 ratio was agreed following consultation with an expert group on school-age childcare standards, which included a range of sector representatives among its members.

My Department has recently commenced the process of drafting comprehensive regulations for school-age childcare services, building on the initial 2018 registration regulations. As part of this process, my Department is also reviewing the legislation underpinning the regulation of school-age childcare. The drafting process will include further public consultation, building on the public consultation previously undertaken in 2019. I am looking forward to engaging with the sector and relevant stakeholders in the coming months on this matter.

Tusla, the independent statutory regulator for early years services, including pre-school, childminding and school-age services, is responsible for maintaining the register of services, inspection and where necessary, enforcement under the Child Care Act 1991. The recent Regulatory Notice issued by Tusla re-states the existing legislation.