Dáil Éireann Debate, Thursday - 19 February 2026
507. Deputy Mark Wall asked the Minister for Children, Disability and Equality if she is aware of a potential Judicial Review of the 2025 ERO for the childcare sector being brought before the courts; and if she will make a statement on the matter. [13265/26]
View answerThe Department has been made aware of the providers intention to seek a Judicial Review of the Employment Regulation Orders formulated by the Early Years Joint Labour Committee but have not had any formal confirmation that proceedings will take place.
Although the Government is the primary funder of the sector, it is not the employer and cannot determine pay or conditions of staff.
It is the function of the Early Years Joint Labour Committee, to negotiate pay and conditions, with outcomes from their negotiations formalised via Employment Regulation Orders.
In line with the provisions of the Industrial Relations Acts, the Joint Labour Committee is independent in its functions and neither I nor the Department have a statutory role in its processes.
The statutory framework established under the Industrial Relations Act, together with the procedures arising from it, falls within the remit of the Department of Enterprise, Tourism and Employment. Any proceedings or matters associated with these processes are therefore the responsibility of that Department.
In any event, I would not, nor would it be appropriate for me, to comment on any legal proceedings within another Department .
However, I firmly believe the level of pay for early years educators and school-age childcare practitioners do not currently reflect the value of their work for children, families, society and the economy.
In October last year, new Employment Regulation Orders for Early Years Educators and School-Age Practitioners commenced which provided for, on average, a 10% increase to minimum hourly rates of pay for roles in the sector.
It is estimated that 67% of those working in the sector saw their wages increase as a result of these new minimum pay rates.
This represents a much-needed improvement in pay and conditions for early years educators and school-age childcare practitioners.
Outcomes from the Joint Labour Committee process are supported by Government through Core Funding. In this programme year, Core Funding increased by 6% to €350 million with an additional €45 million in ring-fenced funding provided to support early learning and care services in meeting the increased cost of new minimum pay rates in the sector.
Both I and the Government remain committed to ‘continue to implement Employment Regulation Orders to attract and retain early years educators’ as outlined in the Programme for Government.
To support this commitment, I recently announced , as part of launch of Shaping the Future action plan in December, up to €15m of ring-fenced funding from September 2026, which amounts up to €45m for the full programme year, to support service providers with costs associated with possible future increases in minimum rates of pay that may be negotiated via the independent Joint Labour Committee process.
