Dáil Éireann Debate, Tuesday - 20 January 2026
843. Deputy Barry Ward asked the Minister for Children, Disability and Equality if her attention has been drawn to criticisms of the independent external review of the draft childminding regulations that was carried out by a person (details supplied) specifically in relation to claims that the report did not adequately engage with the childminding sector; and if she will make a statement on the matter. [3819/26]
View answerThe National Action Plan for Childminding 2021-2028 set out a pathway for the extension of regulation to childminders. 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.
Childminders were consulted on and involved in all aspects of the development of the regulations. Both the Steering Group for the National Action Plan for Childminding, and the Advisory Groups that have supported it, have included childminders, as well as organisations representing childminders.
On 8 February 2024, a 12-week public consultation on draft childminding regulations was launched. This represented a major milestone in the development of childminding in Ireland and the implementation of the National Action Plan for Childminding 2021 – 2028. The draft regulations were published along with a draft guidance document and an easy read summary.
In response to the public consultation, which ended 2 May 2024, a number of key changes were made to the draft regulations which included:
Discounting a childminder's own children when assessing maximum numbers where they are not under the care of the childminder even if they are present in the home (e.g. if they are under the care of a partner or other family member);
Reducing the upper age limit of a childminder's own children who are counted when assessing maximum numbers, from end of primary school, to children under 10 years old;
Removal of the requirement for a childminder to keep records of the attendance of their own children (even if their own children are counted within maximum numbers);
Lowering the upper age limit in considering the maximum number of very young children, from maximum two children under 2 years old, to maximum two children under 15 months old;
Simplifying the process for changing emergency cover persons, and clarifying that emergency cover persons can include members of the childminder'as household and can also include parents of children attending the childminding service;
Changes in the language to reflect the home setting in which the service takes place (e.g. changing "premises" to "home", and "registered provider" to "childminder");
Clarifying that "learning and development" will be understood in the context of the home and family context in which childminders operate;
Clarifying that a childminder's operating hours can be flexible; and
Simplification of regulations where possible.
The full Report on the Draft Childminding Regulations Consultation can be found here: assets.gov.ie/static/documents/report-on-the-draft-childminding-regulations-consultation.pdf
The detailed Response to the Consultation Findings can be found here: assets.gov.ie/static/documents/response-to-the-consultation-findings.pdf
In addition to the public consultation, an independent external review of the draft regulations was carried out by Dr Bill Maxwell, the former CEO of Education Scotland, former Chief Inspector in both Scotland and Wales, and OECD consultant, which confirmed that the approach was proportionate for childminding in Ireland. The external review was commissioned in 2024 by the then Minister for Children, Equality, Disability, Integration and Youth to provide an independent, external assessment of the Draft Childminding Regulations before their finalisation.
The 2024 Act provides for a transition period of three years before registration becomes mandatory. 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.
