Norma Foley
Kerry · Fianna Fáil · Ireland
“Therefore, the means by which the motion proposes to address the challenges raised may not specifically align with the approach being taken, but I absolutely accept that the underlying goals are the same and I accept the Deputies' sincerity in seeking to achieve them.”
“I intend to bring forward specific proposals arising from this work towards the end of the year, depending on progress and the outcome of ongoing engagement with stakeholders.”
“Working with that office, the Department of Children, Disability and Equality is absolutely committed to seeking to expand and reform specialist disability services in order to maximise individuals’ independence and support them to live lives of their choosing in places of their choosing.”
“A number of new measures are in train to move towards planned provision of residential supports, including the provision of planned residential placements under a new initiative, as outlined in the HSE’s 2026 national service plan.”
“I absolutely accept they are fighting tirelessly to highlight the need for us to ensure their loved ones are cared for and provided with appropriate housing, as and when it is needed. For far too many families, placements are made at the last minute, causing distress to individuals and their families.”
“In line with commitments contained in the programme for Government and the national human rights strategy, the Department of Children, Disability and Equality is now developing a new vision and reform strategy for disability services.”
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“The guardian ad litem national service has now been established following commencement of the Child Care (Amendment) Act 2022. This signifies a major step forward in delivering a high-quality, consistent service for children, grounded in children’s rights. There is a 12-month transition period for existing guardians, as set out in the legislation. This means that the GALs already appointed by the courts can continue in their current roles. Of the 107 guardians currently practising, 95 guardians ad litem applied and were successful in their application to avail of the transitional arrangements. This means that they may continue as appointed guardians from 23 June 2026 for 12 months, as set out in the legislation. All of these continuing appointments have been subject to updated checks.”
“They are much loved, as the Deputy outlined, by the children who use the service and by the families. They are a very important additional element to the offering that is out there. I ask people to engage in this process.”
“That call has been open since last Friday and will remain so until 20 July. There will be strong communication through the city and county childcare committees and we will do all that we can. To be clear, we are going to afford a number of different opportunities for engagement. This is the first. There will be focus groups, stakeholder engagement, online surveys and lots of other opportunities. We want the maximum engagement. To reiterate, we are really keen that parents who avail of childminders will ultimately have an opportunity to benefit from the national childcare scheme as well. That would be a huge help to parents. Therefore, we need to have the childminders registered. They have nothing to be afraid of. They are providing an excellent service. They are rooted in the community.”
“I am really encouraging them to have their say and to participate in the review, either in the open call initially or through the stakeholder engagement, the case study, the online surveys or whatever the case may be. In the interim, if there are childminders who have specific questions, I ask them to engage with the city and county childcare committees. There is a designated person in each of the city and county childcare committees charged with the responsibility of supporting childminders.”
“I agree with the Deputy. It is a cause for concern. It is for that reason I wanted to move it to the earliest point possible, accepting the Deputy has articulated that also. We are in a three-year transitioned period up to September 2027. The numbers are low. The exact figure is fewer than 200. The Deputy is right in that there is a body of work to be done. I want this to work for childminders. They are a really important element of service provision, along with all the other elements of service that are out there. We will have a great opportunity to hear from those who have gone through the process, but also from those who have not gone through the process on why they have not and what the issues might be.”
“A key objective of the national action plan is to enable parents who use childminders to also benefit from State subsidies through the national childcare scheme. The Childcare Support Act 2018, which provides a statutory basis for the national childcare scheme, specifies that only Tusla-registered childminders are eligible to participate in the scheme. The limitation of public funding schemes to Tusla-registered providers helps to ensure that public funding is provided where there is assurance of the quality of provision. The regulation of childminding services is critical to the safeguarding of children. Childminders acknowledge that too.”
“A consultation survey will follow the call for submissions, in addition to focus groups, stakeholder interviews and case studies. This is the initial step where there is a general call for submissions. When that closes, further work that will involve stakeholder interviews, case studies, focus groups and a survey will be done. The scope of the review is broader than initially outlined in the national action plan for childminding and will now examine the effectiveness of supports made available to assist with the registration of childminders, as well as the barriers to registration and regulatory compliance, including financial and information barriers. The National Action Plan for Childminding 2021-2028 set out a pathway for the extension of regulation to childminders.”
“The Deputy has raised this matter consistently. I am very happy to confirm that the review of the initial implementation of the childminding regulations, which will be managed by an external company, launched on Friday of last week with an open call for submissions. The review will include consultation with childminders and other stakeholders and will provide an important opportunity to learn lessons from initial experiences with the regulations. In addition to hearing from childminders who have not yet registered, it is important that the review adequately captures and benefits from the experiences of those who have registered and been through the registration process and who have operated under the new regulations.”
“If the corrective actions and-or preventive actions do not address the non-compliance, the registered provider may be subject to the escalation and-or enforcement processes.”
“In the case of Kildare, as I know that is of interest to the Deputy, the level of non-compliance at the end of the inspection process, post submission of corrective action and preventive action response from the provider, was zero for Garda vetting, zero for qualifications and zero issues in respect of staffing levels. There was one issue regarding the health, welfare and development of the child. That could be for a variety of different reasons. The early years inspectorate requires registered providers to submit a corrective action and a preventive action, with supporting evidence, to address all instances of non-compliance identified in the draft inspection report issued to them.”
“I will add some information in order to provide flavour. In the context of qualifications, there are a number of factors relating to why people might be non-compliant. Staff may have some component modules of a level 5 completed and may be in the process of studying further. Some staff from abroad may not yet have applied to the Department for qualification recognition. They may have a qualification but are in the process of applying for recognition. Some Irish staff may not have applied to the Department for qualification equivalency. They could be coming from a different background and may be looking for equivalency.”
“Out of the 3,500 inspections, there were five non-compliant inspections relating to Garda vetting, 60 relating to qualifications, ten relating to staffing levels and 14 relating to the health, welfare and development of the child. That refers to care needs, relationships or effective programme and environment. On Garda vetting, immediate action notices were issued in relation to all five services, and the registered provider committed to removing them from having access to children until vetting is in place. The inspectorate records all non-adherence to Garda vetting and follows up with the relevant service. In relation to qualifications, there are a number of factors relating to non-compliance. I will explain those in my next contribution.”
“Gorgeous. For ease of reference, a full copy of the 2016 regulations is available to download from Tusla's website. The data provided by Tusla is in respect of inspections as opposed to services. This is because some services may have been inspected more than once. That is an important consideration. The figures I am about to provide relate to inspections, not services. Over 3,500 inspections of early years services took place over the period. The level of non-compliance by regulation at the end of the inspection process, post submission of corrective action and preventive action response from the provider, was as follows.”
“Due to the nature of the statutory instrument in which the 2016 regulations are set out, these requirements are outlined only as specific individual components of regulations 9 and 19, both of which comprise a number of additional components and regulatory elements, the number of which Tusla is aware. On this basis, the information I will outline relates to compliance non-attainment with regulation 9(2)(c), Garda vetting, and regulation 9(4), staff qualifications, and the entirety of regulation 19, health, welfare and development of child. Separately, as the regulatory requirements for staffing ratios comprise all components of regulation 11, staffing levels, I will outline compliance non-attainment in respect of that regulation, which addresses this element of the Deputy’s query. I will get to the specifics in my next contribution.”
“Tusla currently only inspect school-age services where risks are highlighted or concerns raised. In relation to early years services, there are important caveats regarding the data requested by the Deputy. In that context, the regulatory requirements for Garda vetting, staff qualifications and ensuring the basic needs of children in early years settings are set out in regulation 9, management and recruitment, and regulation 19, health, welfare and development of the child, of the 2016 early years services regulations. In the context of regulation 19, the health, welfare and development of the child relate to a range of practices, including basic and individual care needs, relationships between adults and children and providing an effective programme and an environment that supports learning and development.”
“In line with the requirements of the Child Care Act 1991 (Early Years Services) Regulations 2016 and the Child Care Act 1991 (Early Year Services) (Registration of School Age Services) Regulations 2018, those wishing to operate an early years service or a school-age service are required to register with Tusla for the purposes of regulation. As of the end of quarter 1 2026, there were 3,941 early years services and 3,032 school-age services registered with Tusla in line with these statutory provisions. The Department is in the process of drafting revised regulations for school-age childcare services, building on the initial 2018 registration regulations. There is no regulatory requirement in relation to qualifications and health welfare and development of the child in the Child Care Act 1991 and the regulations 2018.”
“We did receive from Tailte Éireann a positive response where it confirmed our previous understanding that childminders are only likely to be charged rates if they have space dedicated solely to their childminding business and that the large majority of childminders who use the normal family homes in the home for childminding are, therefore, unlikely to be charged any rates at all.”
“That is the first step. I appreciate what the Deputy is doing; I absolutely do but I will take it step by step. I will wait for the adjudication of the Attorney General. He has given it his personal attention. He is also seeking external advice and we will see what we can do within the current legislation. I am also aware that a number of childminding services have also received rates payable notifications from their local authorities and that has also been a huge concern. I have also stated previously that under no circumstances do I believe childminders should have their homes assessed for commercial rates.”
“It is important to confirm again that we need to take this step by step. We are currently engaging with the Department of housing, the Minister for housing and the Attorney General to see if there is any avenue to resolve this matter in the context of current legislation.”
“I want to be able to furnish at the earliest possible point information to the early learning and childcare sector and, indeed, this House on the update we receive from the Attorney General at his earliest convenience.”
“As I previously outlined, there was a clear understanding. The Department is very clear, based on correspondence and the understanding it had received previously from its sister Department, that ECCE-only services were exempt from paying commercial rates under paragraph 10 of Schedule 4 of the Valuation Act 2001. Notwithstanding that, it is not within the gift of the Department to set commercial rates for early learning and childcare service providers. However, I want to acknowledge that there has been an absolute openness from the Minister for housing to seek a resolution here. There has been a particular willingness from the Attorney General to engage in this matter. Indeed, the Attorney General has confirmed that he is seeking external advice on this.”
“Deputy Currie is correct that it is really important we get absolute clarity on this matter. It is a concern and a worry to those who are providing the ECCE services here. We are giving this every consideration. I want to express my gratitude to the Attorney General who has sought this external advice. Officials in the Department are also engaging with colleagues in the Department of Housing, Local Government and Heritage to explore the solutions that might be available to rectify this situation.”
“On foot of this engagement, the Department of children and the Department of housing have jointly sought formal advice from the Office of the Attorney General on this matter. As the Deputy is aware, this is not within the gift of the Department of children; we have no role whatsoever in relation to rates. It is a matter outside of our remit. However, I am very pleased that the Department of housing has agreed on a joint submission to the Office of the Attorney General. The Office of the Attorney General is now looking at this particular issue and has informed the Department that it has sought advice from external counsel on this matter, very specifically. On receipt of this advice, I will continue to engage with the Attorney General and the Minister, Deputy Browne, with a view to achieving a resolution as soon as possible.”
“I thank Deputy Currie. She is correct when she says that 96% is regarded as a very high uptake of the ECCE services, but it is our aspiration to reach 100%. I am aware that a number of ECCE-only services have been receiving rates-payable notifications from their local authorities. The Department, and others, have previously advised the sector that ECCE-only services are exempt from paying commercial rates under paragraph 10 of Schedule 4 of the Valuation Act 2001. Given the importance of early learning and childcare for children, families and communities across the country, I am giving this matter my full attention. I have engaged with my Cabinet colleague, the Minister for Housing, Local Government and Heritage, Deputy James Browne, on a number of occasions.”
“Once they have the national childcare subsidies included, it will reduce from €198 per week to €183.70 per week. Other elements we have already referenced are the thresholds for the income-assessed subsidy support. Again, that is very significant. The figures specifically for County Meath I will have to find separately for the Deputy but I will make sure she gets them.”
“I want to acknowledge Deputy Dempsey's personal engagement with me specifically on the areas of early years and childcare and in particular the costs. She can be absolutely assured that we are going into this budget seeking the maximum funding we can to advance the ambition. It is a very clear ambition that is in the programme for Government around the €200-per-month cost, or the €50-per-week. Also part of that is ensuring there is sufficiency of funding that there are enough places available so parents are catered for and also that there are core funding supports available, whether that is for staff, providers or whatever the case might be. I want to reference the maximum fee caps. That is very significant. These are the cohort of people who are paying the most fees.”
“The 2026 actions on affordability will include further reductions in some of the highest fees paid by parents by lowering the maximum fees that core funding partner services can charge. In addition, from autumn 2026 we will reduce out-of-pocket costs for lower-income families through the national childcare scheme, NCS. The measures we are introducing include an increase to the lower base or income threshold of the income-assessed subsidy from €26,000 to €34,000, and on the upper end increasing it from €60,000 to €68,000, to extend income-assessed subsidies to more families. An increase to the multiple child deduction, MCD, component of the income-assessed subsidy is also being provided for where there are two children under the age of 15.”
“I want to acknowledge the work of the City and County Childcare Committees in that respect. There was also, very importantly, an engagement with children. It was done in art form but it was important that the views of children would be solicited and harnessed. There will also be a national consultation event which will take place later this year. Results of this consultation, phase 2, and the additional analysis, will inform how we move forward from 2027 through to 2029. The fee-freeze and maximum fee caps required for core funding have been key to the progress in recent years in making early learning and care and school-age childcare services more affordable.”
“I thank Deputy Dempsey. I have always made it clear that the €200-per-month programme for Government commitment is to be achieved over the lifetime of this Government. We did discuss this earlier. Shaping the Future: The Early Years Action Plan, phase 1 report, was published last December and we have now moved on to phase 2 of the action plan report. That is very much focusing on consultation and drawing in the opinions, thoughts and lived experience of people who are in the sector, such as parents and others who have an interest in this area. The consultation process has been really significant. We were really pleased that over 11,000 people engaged online with the survey. There were 56 local consultations held right across the country. They were on the ground, as it were.”
“I acknowledge, as the Deputy did, that there are excellent private providers. The purpose of what we are doing here in the first instance with the State-led model is to work alongside where there is provision, and where nobody has stepped in and additional provision is required, the State would step in. It is not an either-or. Eight buildings are being developed this year and next year we are hoping to go a step further. Where we may do so, we will build. We will have to see how we go forward, but it is an innovative and positive step forward.”
“The Deputy is correct when she says it is about having the staff, the premises and a sufficient number of places available at costs that are affordable to parents. There are at least three key elements here that have to be achieved. There is no point in achieving one if we are not achieving the other two. I take the Deputy's point in relation to schools and she is right. I have worked the vast majority of my life in schools. It is part of the programme for Government that we would look at, for example, where new schools are being built, that there would be opportunities for childcare facilities to be included. I agree 100% about facilities that could be made available after school hours. These are State premises so there should be opportunities there as well and all of that is being looked at.”
“We have said that this year, for the first time, eight different facilities will be provided for across the country to meet demand in the area and they will be not-for-profit. We will learn a huge amount from this first year as to how we might be able to move forward, but this is an important first step.”
“To be fair, I agree with the Deputy in terms of issues she has raised, such as that of pay, for example. It is for that reason that €45 million was ring-fenced last year and will be this year to improve the pay for workers, notwithstanding the fact that the State is not the employer here, and the Deputy has made that point very eloquently, However, the State is stepping in. How that is divvied up is independent of the Minister and the Department and that work is under way. Over two years, €90 million being put on the table by Government is a significant amount of money in terms of wages. On the action plan and the State led model, this is the first time the State has ever stepped in to provide a State-led model.”
“Shaping the Future, the early years action plan phase 1, was published in December of 2025 and sets out measures to achieve key programme for Government commitments on the affordability, which I have already mentioned, quality and accessibility of early learning and care and school-age childcare over the course of 2026. This includes a broad-based consultation which has been under way during the first half of 2026. The consultation resulted in 11,000 responses initially to the online survey, with 56 local consultation events held across the country, engagement with children to ascertain their views and a national consultation event, which is due to take place later in the year.”
“We said it would be committed to and delivered over the lifetime of the Government in terms of €200, and we are on that journey and we are in the early stages of this Government presently. Specifically in terms of the State-led model or, as the Deputy referred to it, the public provision, the Government is committed to undertaking a broad consultation and to publishing phase 2 of the action plan on an affordable, high-quality, accessible early childhood education and care system, with State-led facilities adding capacity for the first time, noting that the plan will enhance parental choice through ongoing support for public, private and community provision as well as childminders.”
“Perhaps the Deputy was not in the Chamber earlier when we spoke about the progress that has been made towards the €200. As I said, we have published phase 1 of the action plan and phase 2 is under way. We have made some progress. For example, we made the announcement recently in terms of the maximum fee caps. For the vast majority of people who are availing of childcare services of less than 50 hours, and this is the cohort paying the highest fees, that payment will reduce to €183 per week. We have also confirmed that 25% of families are already on the €200 or paying less than €200 a month, or €50 a week. We have also increased the thresholds to gain the maximum in terms of the national childcare subsidy. We are on the journey.”
“I will go into the budget mindful of the need to again seek the maximum funding possible for Tusla to allow it to support everything that falls within its remit, including the voluntary sector in this instance.”
“To be clear, the additional funding Tusla was given this year allowed it to open an additional 38 residential care placements in 2025, with a prediction that a further 47 will be provided in 2026-27, which gives a total over the two years of 85. The overall budget increase will help Tusla to increase the overall availability of places for children in need to more than 800. Notwithstanding that, I hear the Deputy's point regarding special emergency arrangements being unregulated. I want to be clear that Tusla has done an awful lot of work to ensure all of those SEAs are now regulated. They are either directly under the remit of Tusla itself or are fully regulated themselves. We are very conscious of the excellent work that is done by the voluntary sector. We want to ensure it continues doing that work.”
“The framework aims to articulate a whole-of-government vision for the future of alternative care in Ireland, thereby delivering on a programme for Government commitment in this area. We have had excellent engagement from the community and voluntary sector through the consultation process. It is really important that it have a say in shaping the future of the care system in Ireland, including the alternative care system. The framework will provide the basis for future investment in the care system. I acknowledge all the contributions that have been made to support that process in recent months.”
“To reiterate, there has been a significant year-on-year increase in Tusla funding, with a 14% increase this year, or €177 million, in the context of its overall budget of €1.4 billion for 2026. That will provide Tusla with the opportunity to increase the overall provision of residential placements for children in need to more than 800. The Deputy will appreciate that as the 2027 budget process is ongoing, I cannot give a commitment at this stage in respect of future funding. She can be assured that we have seen increases for Tusla year on year. Work is already under way on Ireland's first national policy framework for alternative care. That is really important and will be to the benefit of children in State care.”
“In 2025, Tusla reported that it had provided funding for community and voluntary residential provision of just under €30 million. The Department continues to support Tusla in the provision of the funding and resources needed to carry out its functions. It is committed to ensuring the continuity of Tusla's work in supporting vulnerable children and families, as evidenced by the year-on-year increases in funding provided to the agency. In budget 2026, an overall increase of €177 million was provided, which amounted to a 14% increase in Tusla's budget over its 2025 allocation.”
“I was really pleased to meet with representatives of the community and voluntary sector in January of this year to discuss matters affecting them and the children for whom they provide care. It is important to note that the State has invested significantly in community and voluntary care provision, with the sector being allocated an increase in funding of €5.2 million in 2023 to ensure its ongoing sustainability. I was also pleased to see community and voluntary workers agree to a pay increase of 9.25% last year, ensuring that voluntary workers are better paid for their very valuable work. I am conscious that Tusla is independent in its functions and it is a matter for the agency to manage and allocate resources, including voluntary residential provision, to address areas of greatest need while managing within its allocated budget.”
“I know that the vast majority of Members will agree with me that the preferred option for children coming into the care of the State is foster care. It is the first option. This is where almost nine in every ten children in care are placed. However, Tusla operates in a very challenging and demand-led environment providing vital services to children, young people and families that often present with particularly complex issues, and foster care might not meet their needs. Tusla has acknowledged the need to increase its provision of residential placements, including those provided by community and voluntary organisations. Like the Deputy, I want to take this opportunity to acknowledge the incredible work done by staff in community and voluntary organisations to provide safe and supportive placements for children in care.”
“This new departure will give us an opportunity to make our observations and make our case that this really should not be allowed. If it is designated as an early years and childcare facility, it should serve the community. That is what it is there for. This will be really helpful and I am appreciative of the Minister for Housing, Local Government and Heritage in this regard.”
“The Deputy and anybody who has served in a local authority will be aware of prescribed bodies that are consulted in terms of what is coming before the local authority. The Minister for Housing, Local Government and Heritage has consented and confirmed that the Minister for Children, Disability and Equality will now be one of the prescribed bodies to be notified by local authorities of a planning application that might give rise to a change in the demand for early learning and childcare provision. For example, I think we are all very aware that where permission has been granted for a childcare facility for whatever reason, a further application can be made down the line for a change of use, which is something that is granted by local authorities very frequently.”
“To be fair to the Minister for Health, this has just been brought to her attention. She is going to look into it, she has a copy of the Deputy's question and I have no doubt she will revert. We would have to examine whether this the norm in hospitals across the country. Only the Minister for Health can confirm that. I have to say that the guidelines themselves actually refer to within "the vicinity". I am not saying that these guidelines are perfect, and we have had discussions here before where we were looking for them to be updated. I have raised the matter with the Minister for Housing, Local Government and there is a piece of work ongoing on that. I appreciate the Deputy's bona fides in raising this matter. It is outside my remit but I accept the goodwill of the Minister for Health, who has said that she will look at it.”
“The Department of Housing, Local Government and Heritage has confirmed that the Minister for Children, Disability and Equality will be designated as a prescribed body to be notified by local authorities of planning applications that might give rise to a change in the demand from early learning and childcare provision. This is a really positive step forward for us in the Department.”
“The Government is committed to reviewing the guidelines to ensure early learning and childcare spaces are provided and put into use. The Planning and Development Act 2024 and the revised national planning framework, along with the ongoing work on Shaping the Future, the phase 2 action plan for the development of the early learning and childcare sector, provides a strong basis from which to pursue this work. Separately, the Department of Children, Disability and Equality has been liaising with Department of Housing, Local Government and Heritage with regard to the planning process as set out in the planning and development regulations of 2001.”
“The 2001 planning guidelines for local authorities and childcare facilities were issued under section 28 of the Planning and Development Act 2000 by the Minister for housing. The guidelines are intended to ensure a consistent approach to the treatment of planning applications in respect of the land use planning aspects of early learning and childcare provisions. The guidelines propose appropriate locations for early learning and childcare facilities, including in the vicinity of concentrations of workplaces where significant numbers of staff are employed. While the 2001 planning guidelines have contributed to the delivery of a substantial level of early learning and childcare infrastructure, I am also aware that there are challenges in implementing the guidelines.”
“I have raised the matter with the Minister for Health. Indeed, I have forwarded the Deputy's question to her for her attention because it is a matter that is more directly within her remit. The Department of Children, Disability and Equality does not determine the use of buildings when it is not involved in funding them. The design of buildings and the designation of space within them, including for the purposes of early learning and childcare, is a matter for the owners of the building in accordance with the wider planning legislation. Individual planning decisions are a function of planning authorities and An Coimisiún Pleanála is statutorily independent in the performance of these functions.”