Vol. 1081 No. 4
91. Deputy Claire Kerrane asked the Minister for Children, Disability and Equality if she is concerned at reports of early years services and childminders receiving bills for commercial rates; if she will act to ensure rates are not applied; and if she will make a statement on the matter. [13520/26]
In recent weeks especially, I have been contacted by a number of ECCE providers, as well as a number of childminders. So too have a number of my colleagues, and I am sure the Minister is well aware of this. They have been receiving commercial rates bills and have been contacted in relation to such moneys owed. I would like to know if the Minister is aware of this situation and what she intends to do about it in her role as Minister.
I confirm that I am aware that a number of early years services and childminders have been receiving rates payable notifications from their local authorities. 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 met with my Cabinet colleague, the Minister, Deputy Browne, on this matter. Additionally, officials in the Department are engaging with their colleagues in the Department of Housing, Local Government and Heritage and Tailte Éireann. I am committed to furnishing the Deputy with an update once the Department has clarity on this matter.
It should be noted that commercial rates payments for early learning and childcare providers, including childminders, do not fall, as the Deputy will appreciate, within the remit of the Department of Children, Disability and Equality. The Department has no role in determining which properties are rateable.
The making of valuations for rating purposes is the sole and full responsibility of Tailte Éireann, formerly the Commissioner of Valuation. Tailte Éireann falls under the aegis of the Department of Housing, Local Government and Heritage.
Further to this, as I stated previously, I believe childminders should not have their homes assessed for commercial rates. My understanding is 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 rooms in the house for childminding are therefore unlikely to be charged rates. Again, we would like to absolutely clarify this understanding and issue a clear message to childminders.
I appreciate the enormous concern and stress this is causing on the ground. I assure the Deputy, although this does not fall within our remit and I am very conscious it is a matter for Tailte Éireann, which I appreciate is independent of the Department of housing, we want to bring this to an end. I know there is not consistency across local authorities either in relation to the matter. That is something that needs to be addressed too.
I appreciate that the Minister has engaged with the Minister, Deputy Browne. Clearly, this is something that needs to be sorted out as quickly as possible because, as the Minister acknowledged, there is stress and worry. A lot of childminders were shocked to hear from Tailte Éireann and then to receive such rates that they never had before. It is important this issue is dealt with quickly. I fully appreciate it is not within the remit of the Minister's Department, but I acknowledge she has reached out to the housing Minister. This is something that needs to be sorted out very quickly.
I hosted a number of childminders from various parts of the State yesterday, along with Childminding Ireland. This is an issue they raised and one they want sorted out. There are obviously other issues in terms of childminders deciding their future but, for a lot of them, this is very much the last straw. It needs to be sorted out and I acknowledge the Minister is trying to do that. Does she believe legislation is required in order to exempt the likes of childminders and early childhood care and education, ECCE, facilities?
I know the Deputy has been very engaged and active on this issue. I cannot underestimate, as I deal with it all the time, and the Deputy outlined this too, how this is causing incredible distress for so many who are an excellent source of support to families on the ground. I want to be clear. It has been the understanding of my Department that there are two exemptions for early learning and childcare services provided for under Schedule 4 of the Valuation Act 2001 and the 2015 amendment to the Act. ECCE-only services, whether these are for profit or are not-for-profit, are exempt under paragraph 10 of the 2001 Act, and not-for-profit early years services are exempt under paragraph 22 of the amended Act. The Department has previously received confirmation from the Department of housing, including at ministerial level, that the intention and practice was for the exemptions provided for in both the original and revised Acts to operate in tandem. I will also be clear in saying that is not the view of Tailte Éireann. I have to respect its independence and that it has a different view, but we are seeking to do the best we can, from all avenues open to us, to ensure clarity is brought to this.
If that Act needs to be amended to specifically state childminders in particular, that needs to be done as quickly as possible. There still is not clarity. While I appreciate the Minister has been engaging, we need to hear that update on what is actually going to happen. As I said, we are at a critical juncture for childminders in the State. I and colleagues heard yesterday from a number of them, who are deciding after 17 or 18 years as childminders not to continue. Commercial rates were raised by each one of them as the endgame. This needs to be sorted out quickly. It would be beneficial for the Minister and helpful for everyone concerned, particularly when we look at the low number of childminders registering, to meet with Childminding Ireland and hear from it directly on this and other matters.
As I said, there is a clear divergence of opinion here between Tailte Éireann and the view of the Department. We would absolutely be supportive of any measure that would bring clarity. Legislation, as referenced by the Deputy, does not fall within the remit of our Department but if that is the necessary step, it is the necessary step. We are doing all we can to support childminders, particularly to come into the registration process. There are dedicated individuals in every city and county childcare committee specifically designated to work with childminders. We want them to be part to the process and to have every opportunity to benefit from being part of the process. There is currently a pilot with childminders in receipt of core funding by a grant or whatever, and a consultation process as regards the wider childcare elements. Through that, there is a lot of engagement with childminders. I would be very happy to engage with them as well through that process.
92. Deputy Mark Wall asked the Minister for Children, Disability and Equality the amount of funding provided to each provider of special emergency arrangements in 2025; the amount of funding provided to each provider of mainstream residential care in 2025; the total amount of funding in State-owned provision of mainstream residential care in 2025, in tabular form; and if she will make a statement on the matter. [13264/26]
I appreciate the Deputy raising the important issue of funding for Tusla's residential care services in which the Government has invested significantly over recent years. Officials in the Department have received the detailed financial information he requested from Tusla and will share it with him in full tabular form. In terms of headline figures, the information provided by Tusla indicates that the total cost for statutory or State-owned children's residential centres in 2025 was €53.5 million. The total cost in respect of privately run centres was just over €131 million, while for special emergency arrangements, SEAs, the total cost was just under €38 million.
Both Tusla and I share a common aim to meet the needs of all children in mainstream alternative care placements and to reduce Tusla's operation of SEAs. We have invested significantly in Tusla to this end. In 2026, Tusla's overall funding was raised to €1.37 billion, an increase of 14% or €177 million compared to 2025, which was itself a year of record investment for Tusla. This increase includes an additional €53 million for mainstream residential care. This additional funding will provide for the full-year costs of residential places opened in 2025, in addition to 30 new residential places over the course of 2026. Tusla’s capital budget has also been expanded to €35 million in 2026, which represents 100% growth since 2024. It is a significant uplift for Tusla in terms of its capital and capacity to build. As I said, it is €35 million, which is 100% growth.
While Tusla, supported by the Department, is working to reduce reliance on SEAs, the agency is facing significant and ongoing challenges in sourcing appropriate placements for children in the care of the State.
The reason I am asking the Minister about this is that the Ombudsman for Children has raised concerns about the SEAs and their unregulation. Is she happy with the regulation of these SEAs, particularly the accommodation they offer? The accommodation can go from hotel rooms to apartments. As I said, this has been highlighted by the Ombudsman for Children. It is a serious concern for us all on this side of the House, as I am sure it is for the Minister. The question I have for her relates to the regulation of these premises and providers. Is she happy with what is being carried out by Tusla, given what we have heard on the major cases that have happened, unfortunately, in this State over the last number of months? It is a serious concern for many people. I hope she can clarify those concerns.
As I said, Tusla is working consistently to reduce reliance on SEAs. I know that is the Deputy's wish as much as my own. It is also working to reduce the costs associated with these services and promote the quality and safety of these placements.
The Department is supporting Tusla in these efforts and will continue to do so.
On the week of 8 February, 84 children and young people were classified as separated children seeking international protection in special emergency accommodation, representing a decrease of four over the previous week and of 35 over four weeks previously. The bulk of the children availing of the service are separated children seeking international protection.
Under the current procedures, special emergency arrangements are reviewed regularly and used only when they are the most suitable options available at the time. There is an inconsistency in the numbers of children arriving at different times. Tusla remains committed to moving children, as quickly as possible, out of special emergency arrangements and into long-term placements where they can be supported – for example, in the foster care system.
I will come back to the other points.
I thank the Minister. She mentioned that we would all strive for State-led accommodation. The money being spent on special emergency arrangements surely could be spent on State-led accommodation, whereby regulations would be reviewed more than regularly. My concern is over what “reviewed regularly” means. Is it monthly or weekly? My concern is shared by the Ombudsman for Children and many people I deal with. Have Tusla and the Department plans to move away once and for all from emergency accommodation provided by private operators and to use the money to build fit-for-purpose accommodation for those children who need it most? She might confirm what “reviewed regularly” means because we have had concerns. We have noted these concerns in the media and The Journal has reported very recently on its concern about children facing criminal damages in private accommodation. It is not on. We need to build State accommodation. I ask the Minister to confirm whether this is the plan of her Department.
Specifically on funding for building, Tusla plans to invest a total of €286 million in expanding mainstream residential care in 2026, representing an additional €53 million in current funding compared with the amount for 2025. The additional €53 million for mainstream residential care will provide for the full-year cost of beds opened part of the way through 2025 and for an additional 30 residential care places, which will bring the number of residential places for children in need to over 800. It is planned that the 30 additional mainstream residential placements will comprise 19 State-run statutory placements and 11 privately owned ones.
Specifically on safeguarding procedures, Tusla has developed standard operating procedures for placements. These detail extensive checks that any prospective special emergency accommodation provider must adhere to, including in relation to records management and staff vetting. Tusla has advised that all special emergency accommodation providers should be vetted by the central compliance unit. The unit ensures that Garda vetting and appropriate qualifications are in order before any child is placed with a prospective provider. The unit also carries out spot checks to validate staff on active duty. Tusla uses practice assurance and service monitoring reports to support the provision of high-quality services for children and families. The monitoring extends across Tusla activity, including in respect of special emergency accommodation. Importantly, young people in special emergency accommodation are visited weekly by a social worker or delegated person to have their voices heard and to check on the care being provided.
93. Deputy Claire Kerrane asked the Minister for Children, Disability and Equality the reason she will determine legal representation for guardians ad litem in childcare court proceedings; the rationale for this change under the new service; and if she will make a statement on the matter. [13521/26]
I want to raise with the Minister once again the changes being made under the new guardian ad litem, GAL, national service, and specifically the issue of legal representation for GALs in court proceedings and the change that will see the Minister determine whether such legal representation is allowed in court. Could she provide to us the rationale for the change?
The Child Care (Amendment) Act 2022, which provides for reform of the GAL system, was signed into law on 19 July 2022. This is a very important consideration. The passing of this legislation enables my Department to establish the GAL national service as an executive office. This executive office of the national service carries out functions on behalf of the Minister.
A GAL is a qualified and experienced professional who meets the child, gathers their views and provides an independent report to the judge. GALs are expert witnesses in court. There is no requirement for them to automatically have legal representation in every single case. The GAL national service holds the view, supported by the Attorney General’s office, that the legal advice provided to GALs is legally privileged. Legal advice will be available to GALs through in-house legal teams or procured legal services. Legal advice will be available to them at all times. The head of legal services unit will have responsibility for ensuring legal advice and representation are provided.
Section 35D of the 2022 Act sets out the grounds by which the Minister shall, in the best interest of the child, determine the provision of legal representation. These grounds include the views of the court, the GAL's intention to make an application for legal representation, and the opinion of the GAL in relation to any application made in the court proceedings. In regard to the latter, I refer to where a particular issue is being flagged or raised by the GAL. There are specific scenarios in which legal representation will be provided to a GAL, namely special care applications and applications under the Mental Health Act. GALs may also make an application to have “such rights as a party”, and legal representation will be provided in these cases. The current measure, as set out in section 26 of the Child Care Act 1991, makes no provision for legal representation for GALs. It is interesting that there has been none whatsoever up to this point.
I thank the Minister. I want to be very clear that the national service is needed. I have no issue whatsoever with it and do not believe the vast majority of GALs have either. However, with regard to what is being proposed under the national service, legal representation has been raised by GALs. I take their point because they have decades of experience in some cases. It is really important that we listen to them.
I cannot understand why the provision exists. Is there an understanding that GALs are choosing to have legal representation that is not needed? Of course, it is not needed in every case, but I could not understand why a GAL would look for legal representation unless it was needed. This is all for the child; there is nothing in it for the GAL. It is all about the child and representation for the child in court. What is the rationale for what is being done now?
I reiterate that this was signed into law on 19 July 2022. At all times, legal advice will be available to GALs. If there are particular reasons for legal representation, such as its being recommended by the court or the GAL wishing to make an application where a case is particularly complex, it will be provided for. In the main, however, we have to be clear about the role of the GAL. He or she is an expert witness in the court proceedings. That is the bottom line. If, however, a GAL wishes to make an application, legal representation will be provided. It will be provided at all times outside these circumstances. It is interesting to note that until the new legislation was signed into law on 19 July 2022, there was no provision at all for legal representation. Therefore, the current provisions are actually a step forward.
I welcome the fact that the Minister is to meet the GALs next week. My understanding from engaging with them is that legal representation always existed where they needed it. They could seek it and have it, and there was no issue in that regard. Now, however, they will have to seek it through an application to the service. If GALs were choosing to have or seeking legal representation without merit, it would make no sense because there would be nothing in it for them.
My concern is that a GAL who may be new to the role and who may or may not be an expert witness must face at least one at two legal representatives on the other side when in court. I raised this with officials of the national service when we met them. They were good enough to come in and brief the committee. I was told that if there is an issue in court and something happens, legal representation will be reconsidered. That is not to the benefit of the child in any shape or form. That is the concern being raised, and it is being raised in a genuine way.
I absolutely accept that this is being raised in a genuine way. I 100% accept the Deputy's bona fides and the bona fides of the GALs and everybody else. At the end of the day, everybody wants the best outcome for the child. I have no difficulty with the concerns and the issues being raised. I 100% accept that. The Deputy has made the point that, heretofore, the practice has been that when a GAL required legal representation, they always got it. That is not changing. When a GAL needs representation, in the first instance, they are an expert witness. If that changes, they need to bring an application where legal representation will be required, and legal representation will be provided for. If there is a particularly complex issue or whatever arising, and if the court or the GAL believes that the complexity requires legal representation, that will be provided for. We cannot conflate the issue that they are first and foremost expert witnesses. If there is a change in circumstance and legal representation is required, that will be provided for.
94. Deputy Aidan Farrelly asked the Minister for Children, Disability and Equality if she will provide an update on her engagements with Tusla regarding well-being checks of closed cases; if she has received a progress report or interim report from the agency and-or the independent steering group; if she has requested a broadening of the scope of these checks; and the workforce planning conducted in respect of ensuring that the checks can be conducted as Tusla implements its integrated reform programme. [12617/26]
Will the Minister provide the House with an update on the Tusla well-being checks, which she instigated within her Department on foot of a number of very tragic cases last year, for all children and young people who had their cases closed by Tusla during the Covid years?
I appreciate the Deputy raising this as I know it is a hugely important issue to him, the House and the wider community.
As he is aware, last September I requested Tusla to conduct a series of well-being checks for children whose cases were closed during the Covid-19 lockdown period. The Tusla well-being project team began its work last October. I am pleased to say that the project is making real progress, thanks to the dedication of the chair and the steering group, staff and colleagues right across Government.
The project's steering group comprises Government Departments, key statutory agencies and stakeholders and, importantly, is independently chaired by Tanya Ward, chief executive of the Children's Rights Alliance. I thank her and the steering group for their work.
The steering group adopted the project methodology in December, taking into account the rights of the children and families involved in each of these cases. This approach enables the project to check each case against the most up-to-date information available on official registers and prioritise cases of significant or most concern. It ensures that the project operates in an effective but non-invasive or non-intrusive way.
Following an initial review carried out by Tusla, it was determined that 76,546 children had referrals closed between 1 March 2020 and 28 February 2022. Approximately 42,000 cases had no new referrals or ongoing engagement with Tusla since the lockdown period. Following this review, approximately 18,000 cases were found to be of children who had since turned 18 years of age and were now deemed to be adults.
Following internal legal advice within the Department, there is no legal basis for Tusla to conduct a well-being check on a young person over the age of 18. On this basis, 18,000 cases are outside the scope of the project. That is a cause of concern, and I assure the Deputy that I have raised that matter with the Attorney General and sought his advice on it. We will await that advice because I am conscious of that cohort of over-18s.
I thank the Minister because she has pre-empted the piece I was going to try to discuss with her. To be honest, I have come around to the idea of this project. At the start I was quite cautious because my understanding and the meaning I would infer from "well-being" would suggest that you are getting a thorough understanding of how a child or a young person is, as opposed to what I called at the time a proof-of-existence check - ultimately, that we are just making sure that the child is still alive and still existing within the State. We had an opportunity to meet Ms Ward and her team this week, and it was really informative. I can understand now very clearly the methodology and Tusla's aspirations in this process. I still have some outstanding concerns about the resources it might have to complete these checks. The Minister will not hear criticism from me in terms of the timeframe. If this takes months, it takes months and should be allowed to happen. I ask the Minister to talk to us a little more about that piece. If I was 12 in 2020 and my case was closed, I am outside the scope of this project. Is there a way in which we can amend legislation to ensure we can broaden the scope of this project for anyone over the age of 12?
I absolutely accept the Deputy's bona fides in relation to this as well. As I said previously in relation to other matters, we want the best outcome here. We want to be very sure and assured of the young people whose cases were closed. There is a specific issue around those who "aged out", to use that phrase, which I do not like, in terms of the sharing of information from Tusla's point of view. I would be very keen to ensure we would find a means to address that cohort of 18,000. I do not have the legal mechanism at the moment but I will rely on the expert advice of the Attorney General. I have spoken to him. We have engaged with him. That engagement is ongoing. He sees it as a priority as well. I know it is a priority for the chair, Tanya Ward, and the steering group as well. I absolutely assure the Deputy, if we can find the legal mechanism to do this, we will do it. I think it would be in the best interests of everyone. The Attorney General is working on that.
I thank the Minister for that update. I hear sincerity in her response and I give her my assurance that, from a Social Democrats perspective, whatever we can do to support the Government in trying to seek that legislative change in this instance, I think it would be really important. If we are going to do it, why not do it right in this instance in respect of 12-year-olds and 13-years-olds who experienced lockdown going through a very troubling transition between primary school and secondary school? It was a really troubled time. We need to hear from them in this process. Whatever we can do to support that, we will. I reiterate my thanks and commendation to those involved in this project because it is a significant undertaking. We have heard about the IT specialties that are required, the access to information and challenges. Before it even gets under way in real detail, I look forward to the recommendations that will come from this project in terms of future learnings for institutions of the State to make sure we have accurate information but also appropriate services to follow up. I look forward to further updates on this from the Minister and her Department as this project progresses.
I assure the Deputy that I am confident that learnings will come out of this, particularly cross-departmental, almost like eyes on a child and knowing where a child is at a given time, to support the child, in the best interests of the child.
Some €3.2 million has been made available to support the work of this well-being check project. I have been receiving regular updates on the work of the steering group from the chair.
The Deputy will be aware also of the press release that issued, I think, last week, which provided the public with details. I appreciate that Ms Ward and the team made themselves available to the Deputy as well because it is very important that here within the House there is an understanding of what is happening with the project. It was important that something would issue to the general public as well because the general public are interested too.
We will continue to support Tusla in the work it does. The chair is independent. I respect that independence and am happy for her to proceed as she deems necessary.
96. Deputy Brian Stanley asked the Minister for Children, Disability and Equality to consider whether Laois will be given one of the first directly State-led, publicly-owned childcare facilities she announced on 21 January 2026 as Laois is one of the fastest growing counties in terms of population; and if she will make a statement on the matter. [13846/26]
I ask the Minister to give full consideration for Laois to be given one of the first directly State-led, publicly owned childcare facilities. I say that in welcoming the new scheme that was announced on 21 January. Laois is one of the fastest growing counties in terms of population outside of Dublin, and there is real pressure on childcare places.
I appreciate the Deputy raising this. It is an issue of huge interest right across the country, including in his constituency.
Improving access to quality and affordable early learning and childcare is a key priority for the Government. Early learning and childcare capacity is increasing. Data from the annual early years sector profile shows that the estimated number of enrolments increased by 25% over the past three years. That is quite a significant increase. However, it appears that demand for early learning and childcare remains higher than available supply in certain parts of the country, particularly for younger children. That is the real issue, that there are certain areas across the country where there is a dearth of provision.
I recently announced €135 million in capital investment in buildings for high-quality, accessible State-led early learning and childcare, which I know is the Deputy's key issue. The process will begin in 2026 with investment in buildings in what will be a ground-breaking initiative for this Government - never before done by Government, actually.
Capital funding will be used to acquire and fit out buildings. This is a case of "and-or", in fact, because in some instances it might just be the fit-out of the building, depending on requirements. There will be a particular focus in the new State-led facilities on providing places for children between one and three years old, because this is where the need is greatest, with scope for these children to progress in the service until they start school. The aim of delivering additional supply of this type in suitable locations will include both rural and urban areas that are presently not well served. Additional supply in areas of disadvantage is another priority because early learning can have positive impacts on children at risk of disadvantage. Another factor to consider is the need to rebalance supply in some areas where there is a high concentration of private supply but very low levels of community childcare.
A suite of appraisal tools has been developed, including a forward planning model, in order to select projects that align with these objectives. Up to eight buildings will be selected for investment this year and the State-led initiative will provide thousands of places up to 2030 using the €135 million provided for in the national development plan.
As outlined, there is a chronic shortage of spaces in the county, including for one- to three-year-olds. We have the private model, but we are over-reliant on that. It has weaknesses in the context of having to have separate leases or ownership of buildings, separate insurance, separate administration and payrolls, etc. While many are providing a good service, there are weaknesses. There are also shortages. There are no all-day spaces in Stradbally or Mountrath, and there are shortages in larger towns like Portlaoise, Mountmellick, Portarlington and Graigue and smaller towns like Rathdowney, Mountrath, Durrow, Abbeyleix and Stradbally. Some of what becomes available is unaffordable. I received a letter this week from one couple who live near to me, who said they were offered a space for €1,430 per month in one provider that is hundreds of yards from my house. The crèche wanted a €450 deposit within 48 hours, which they were not able to come up with. They lost the place, and that woman could not go back to work. That shows the pressure on just the market-led ones. We need that Government scheme. We have the fastest growing population. I know the Minister has announced the purchase of eight or nine buildings. Everyone will be looking for them, but Laois has a strong case.
I appreciate the case the Deputy makes. The purpose here is, in the first instance, to acknowledge that there is excellent provision by private providers and community providers. Notwithstanding that, there are still areas where there is an absence of provision. The purpose of the State-led services is to complement what is already there and to step in proactively where there is not provision. I hear the case the Deputy makes for his constituency. There is a capital steering group in place in the Department. The Department is assessing sites and buildings and, where required, will seek expressions of interest from operators to deliver these State-led services. The emphasis for 2026 is on the purchase of buildings but we also have provision for some instances where we will build. However, in 2026, the emphasis will be on purchasing or fitting out a building. All areas will be considered. Eight is eight, but we will be hoping to grow that in the coming years.
According to the childcare committee in the county, Portlaoise needs four full-day facilities. Portarlington needs one, as do Mountmellick, Mountrath, Graiguecullen, Rathdowney, Abbeyleix, Durrow and the Cullahill area. The pilot of eight to nine is obviously welcome. It is a small start. We could put all eight or nine in Laois, but I urge the Minister to put at least one or two there. The current model is not able to match the growth in population in the county. We are behind other European states that have private provision. As the Minister said, a lot of those providers are going good work - I would not take from that - but other European states also have strong state-led childcare systems. We do not have that in this country. The Minister is right in that this is a groundbreaking initiative, which I certainly welcome and will fully support. However, it costs €1,430 per month to mind a child. The wages in our area do not come up high enough for people to pay that sort of money. That woman has no childcare facilities now to allow her to return to work. The couple are in rented accommodation as well and we know the pressures that brings. Rents are sky high in the area. It is a huge issue, and I ask that the Minister's officials look around County Laois and contact the local county council and estate agents to see if a property can be secured for it.
I thank the Deputy. As for how we are progressing, the first port of call is the local childcare committee, and we ask people to engage there. It can then engage further with the Department. I do not at all take away from the case the Deputy is making.
We are very conscious of the costs of childcare. The premise of core funding is where fees were frozen. In return for that, operators were given core funding. The national childcare scheme is supporting parents by providing reduced costs but, again, more work needs to be done. The Deputy knows we have a target of €250 per week to be achieved by the end of this Government term. We are working on that. We have increased core funding year on year. The national childcare scheme is available to parents. We also introduced fee caps last year and we will be doing likewise this year. We are working towards the €250 per week.
