Colm Burke (Cork North-Central, Fine Gael)
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802. To ask the Minister for Children, Equality, Disability, Integration and Youth to confirm that consideration would be given to permitting a child (details supplied) attending an ECCE service before commencing primary school in the autumn to continue to attend a school aged childcare facility during the easter break and summer months, as the family have been informed that due to new Tusla regulations, this is no longer possible, but the facility have confirmed to the family that a place would be available for the child; and if she will make a statement on the matter. [16656/25]

Norma Foley (Kerry, Fianna Fail)
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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.

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.

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.

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.