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Minister Fitzgerald at he National Longitudinal Study of Children Report last month. Sam Boal / Photocall Ireland

Cabinet approves tougher sanctions on childcare providers

The draft legislation aims to increase powers to close or impose higher fines on centres not complying with regulations.

THE CABINET HAVE approved draft legislation that aims to increase powers to close or impose higher fines on childcare providers.

The Department of Children and Youth Affairs  say the rules being worked on will provide for a substantial deterrent for non-compliance with regulations by increasing the fines available to the District Court on foot of prosecution.

The proposed legislation is currently at an early stage and is to be added as an amendment to the Child and Family Agency Bill which was published last month. The much delayed bill hopes to set up a  Child and Family Agency to employ about 4,000 people and take over responsibility for child protection services.

Minister for Children Frances Fitzgerald said the Department are working on a comprehensive pre-school quality agenda:

These amendments will also introduce pre-prosecution enforcement powers for pre-school inspectors, including allowing for the issuing of improvement notices, improvement orders and closure orders. This will give pre-school inspectors greater flexibility to act speedily in response to findings of poor quality and non-compliance with regulations and standards.

Children’s Rights Alliance

The amendments were given the go-ahead at the last Cabinet meeting before the Summer break and were welcomed by the Children’s Rights Alliance who say it forms part of a “necessary response” to the RTÉ Prime Time investigation into childcare provision. The amendments will also increase the qualification requirements for all staff in pre-school services and introduce a registration system for all pre-school services.

Chief Executive of the Children’s Rights Alliance Tanya Ward said that, although details of the exact provisions are sketchy at this point, any further rules are a “substantial leap forward” given the current lack of legislation in the sector.

In addition to increased powers for the inspectorate to follow up on complaints, the Children’s Rights Alliance says that futher work must be done to ensure inspectors have specific training in childcare. Ward explains that, at present, inspectors are primarily tasked with looking for health and safety breaches and that they would not pick up on some of the problems detailed in the Prime Time investigation:

For this new approach to work in practice, the remit of the Inspectorate must be expanded beyond solely monitoring health and safety, and inspectors must be upskilled to focus on quality in early childhood care and education. This is vital to ensure that inspectors will be able to identify and take action on children’s rights violations.

Read: Qualifications in centre-based childcare ‘relatively low’ >

Read: €2.75m childcare grants a ‘drop in the ocean’ of investment needed >

Read: Childcare providers who breach regulations could be fined €100,000 >

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10 Comments
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    Mute Monkey Boy
    Favourite Monkey Boy
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    Sep 19th 2013, 6:34 PM

    If a pre school is short 1 plaster in a box of 10,thats an automatic fail in 1st aid compliance on the report,the current report will just say 1st aid fail,it does say its because its short of a plaster. Thats hardly fair,i hope the new reports actuly report the proper issues discovered in pre schools that are not up to proper standards. Will the new laws assist the low paid staff with proper working hours,pay and entitlements ??

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    Mute Poppy
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    Sep 19th 2013, 7:20 PM

    Couldn’t agree more. I personally know of a case where the preschool inspector complained there were too many varieties of plasters & dressings. All the new regulations will not prevent nasty people who don’t like children been mean to them like we saw on the Prime Time programme.

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    Mute chalk8down
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    Sep 19th 2013, 6:40 PM

    New legislation is all well & good. Maintaining appropriate carer:child ratios, training staff properly & paying them a credible wage is more paramount, imo…

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    Mute CAM
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    Sep 19th 2013, 6:45 PM

    Perhaps some regulation for childminders too, who look after children in their own home. I have come across many wonderful childminders who treat the children they look after impeccably, however they are not all the same. This is a largely unregulated area and I feel there should be some sort of inspections/reports similar to the UK.

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    Mute David Taylor
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    Sep 19th 2013, 7:40 PM

    No one cares for a
    Child better that his or her parent but unfortunately during the credit tiger we lost the run of ourselves and required 2
    Parents working to support ridiculous mortgages and the introduction of the chain crèche with high running costs etc
    The whole country needs an overhaul not just childcare and plenty of crèche’s who pay staff fairly and treat children well they are just harder to find because the pull of the larger crèche with the so called reputation is a greater pull ….inspectors need to inspect what’s really important not tick a flip board actually sit in the crèche for few days to observe properly

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    Mute Sheelagh Reid
    Favourite Sheelagh Reid
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    Sep 19th 2013, 7:55 PM

    Creche or preschool?

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