Government approves publication of the Child Care (Amendment) Bill 2024
From Department of Children, Equality, Disability, Integration and Youth
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- Child Care (Amendment) Bill 2024 will introduce a range of reforms within early learning and childcare.
- The Bill will allow for childminding-specific regulations, which will enable parents using childminders to access National Childcare Scheme subsidies.
- The Bill will also provide the Tusla Early Years Inspectorate with additional enforcement tools to address serious non-compliance with the Regulations in early learning and childcare services.
The Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, has today secured Government approval for the publication of the Child Care (Amendment) Bill, paving the way for further reforms within the early learning and childcare.
The Bill provides the legislative basis for:
Registration and regulation of childminders
- the removal of exemptions relating to childminders to facilitate the future extension of regulation to all paid, non-relative childminders. This will allow parents using childminders to access National Childcare Scheme subsidies.
Early learning and childcare reforms
- enhanced enforcement tools – to build on the enforcement options available to Tusla, allowing for immediate closure of unregistered early learning and childcare services, temporary suspension of service registrations and putting the enforcement path on a legislative footing,
- formal information sharing with parents – to introduce a formal mechanism for sharing of certain information related to quality of an early learning and childcare service with parents and with the public generally, where appropriate, and
- the introduction of a “fit person” regulation to empower Tusla to assess the suitability of a person applying to be a registered early learning and childcare provider.
Minister O’Gorman stated:
“I am confident that these proposals will bring significant benefits to the early learning and childcare sector by addressing the limitations that have been identified in the current legislation and improving overall compliance with regulations.
“I am committed to delivering childminding-specific regulations that are both appropriate and proportionate, striking a balance between regulation and quality, and acknowledgement of the unique circumstances of a childminder operating in their home.
“Furthermore, this will allow parents who avail of a childminder to benefit from State supports such as the National Childcare Scheme”.
In line with the National Action Plan for Childminding 2021-2028, these changes relate to the provision of care in the childminder’s home.
Timeline
In July 2021, the Department of Children, Equality, Disability, Integration and Youth (DCEDIY) presented policy proposals to Government and received approval for the drafting of a General Scheme for an Amendment Bill to the Child Care Act, 1991.
The Child Care Act 1991 also covers regulation of early years services in Part VIIA. Government approval was granted on 27 January 2023 to include amendments to this Part in the Draft General Scheme.
On 14 April 2023, Government agreed to the priority drafting of the Child Care (Amendment) Bill 2023 along the lines of the General Scheme and Heads of Bill, referral of the General Scheme to the Joint Oireachtas Committee on Children, Equality, Disability, Integration and Youth for pre-legislative scrutiny, and publication of the General Scheme on the website of the DCEDIY.
Pre-legislative scrutiny was undertaken on 9 and 16 May 2023 with the report published by the Joint Committee on Children, Equality, Disability, Integration and Youth in June 2023.
On 23 April 2024, Government agreed to separate the Bill into two Bills, with this Bill being proceeded with as a matter of priority and the remaining amendments relating to child welfare and protection following in a separate Bill later in this session. The decision had been taken in light of the need to enact the Part VIIA amendments before the end of this session in order to allow childminders to commence registration with Tusla Early Years Inspectorate (the Child and Family Agency) from September.
On 7 May 2024, Government agreed to the making of amendments to Schedule 2 of the Childcare Support Act 2018 to enable the Minister for Further and Higher Education, Research, Innovation and Science to act as a sponsor referral body for vulnerable children and the inclusion of these amendments in the Child Care (Amendment) Bill.
Review of Part VIIA of the 1991 Act
These proposals are the result of a review of Part VIIA of the Child Care Act 1991 which has been informed by a comprehensive public consultation, ongoing consultation with Tusla EYI and research in to other sectors and other jurisdictions.
The purpose of the proposals is to ensure that Tusla EYI has the appropriate enforcement powers to address serious non-compliance with the Regulations and that parents have access to information in relation to the quality of early learning and childcare services.
The intention is not to increase enforcement action but instead streamline it and address some of the limitations of the current legislation, making it more effective and so improve overall compliance within the sector.
National Action Plan for Childminding
In line with commitments in First 5 (the Whole-of-Government Strategy for Babies, Young Children and their Families), the National Action Plan for Childminding 2021-2028 (NAPC) commits to extending regulation and State support to childminders, i.e. self-employed childminders who care for children in the childminder’s home.
Childminding-specific regulations are currently being developed in consultation with Tusla, childminders and sectoral representatives. These draft regulations went through a public consultation which ended on 2 May, 2024. A Regulatory Impact Assessment of the extension of regulation to all childminders is also under development and will be brought to Government with the draft regulations later in 2024.
It is intended that the childminding regulations will be introduced contemporaneously with the removal of the exemption of childminders from regulation in section 58L of the Child Care Act 1991.
The opening up of regulation to childminders will make possible the participation by childminders in the National Childcare Scheme, thus expanding access to the Scheme to parents who use childminders.
In line with the intention of the NAPC, the Child Care (Amendment) Bill will provide for a transitional period of 3 years, during which it will be possible for a childminder to register with Tusla but it will not be a requirement until the end of the transitional period.
Access to State Supports
In order for parents and childminders to access State supports such as the National Childcare Scheme, the following must take place:
1. The proposals relating to childminders in the Bill must pass both Houses of the Oireachtas, and be enacted by the President.
2. Once the Bill is commenced, the childminding-specific regulations must also be commenced to allow childminders the option to register with Tusla.
3. After a childminder has registered with Tusla, they will then have the option of registering for schemes provided by the Department, such as the National Childcare Scheme (NCS).
4. After a childminder has registered for the NCS, a parent whose child attends the childminder, may benefit from subsidies available under the NCS.
Government approves publication of the Child Care (Amendment) Bill 2024 (www.gov.ie)