Dáil Éireann Debate, Tuesday - 20 January 2026
836. Deputy James Geoghegan asked the Minister for Children, Disability and Equality if childminding done outside of commercial setting, such as registered creches' and Montessori’s, should be considered within the national childcare scheme, this would include the use of childminders, such as au pairs; and if she will make a statement on the matter. [3658/26]
View answerThe National Action Plan for Childminding 2021-2028 set out a pathway for the extension of registration to childminders who work in their own homes. A key objective of the National Action Plan for Childminding is to enable parents who use childminders to 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 childcare providers helps to ensure that public funding is provided where there is assurance of the quality of provision.
As a result of the commencement of the relevant parts of the Child Care (Amendment) Act 2024 and the Childminding Services Regulations, which came into effect on 30 September 2024, childminders are now able to apply to register with Tusla.
The childminding-specific Regulations are designed to be proportionate and appropriate to the home and family setting in which childminders work. The regulations differ substantially from regulations for centre-based childcare.
The 2024 Act provides for a transition period of three years before registration becomes mandatory. This phased approach aims to facilitate the largest possible number of childminders to enter the regulated sector, the sphere of quality assurance, and access to Government subsidies, while recognising the time and supports required for childminders to learn about and prepare for registration.
The National Action Plan for Childminding distinguishes childminding which involves care in the childminder’s home from care that takes place in the child’s home, which may be carried out by a nanny, au pair or babysitter. This distinction is also reflected in the legal definition of a childminder set out in the primary legislation.
The employment relationship and the legal and regulatory context are different between childminders who work in the childminder’s home and someone who works in the child’s home (e.g. nannies and au pairs). A childminder working from the childminder’s own home is self-employed, whereas someone caring for a child in the child’s own home is regarded as an employee of the child’s parents. In addition, because they work in the parents’/child’s home rather than their own home, au pairs and nannies cannot be held responsible for the safety or suitability of that home for the purpose of early learning or childcare. Furthermore, the employment of someone in the child’s home may involve a combination of caring with other roles, e.g. cleaning or other domestic duties. This would require a different regulatory and funding approach, which has not yet been scoped.
The National Action Plan for Childminding does, however, commit to develop supports to strengthen the quality of childcare provision by nannies and au pairs. This might involve either provision of information (to parents and/or nannies/au pairs) or training for nannies / au pairs – in both cases the focus could be on what quality provision looks like as well as information about legal and employment responsibilities.
While the Department has successfully completed Phase 1 of the National Action Plan, considerable challenges lie ahead during Phase 2 in supporting the large number of unregistered childminders to register with Tusla and take part in the National Childcare Scheme before the end of the transition period in 2027. Given the scale of the challenge that still remains, my priority is to deliver on the remaining phases of the National Action Plan in the coming years.
The Department has committed to undertake a review of the initial implementation of the Childminding-specific Regulations during the transition period. The review will commence in 2026 and will include consultation with childminders and other stakeholders. Following conclusion of this review, I will give consideration to the appropriate next steps.
