Written Answers Nos. 736-755
736. Deputy Emer Currie asked the Minister for Children, Disability and Equality the current part-time, sessional, or school-age childcare providers and full day childcare, both community and private in Dublin west, in tabular form; and if she will make a statement on the matter. [31970/26]
Amharc ar fhreagraAs the subject matter of the Deputy's question relates to an operational matter for Tusla, I have referred the matter to them for a direct reply.
737. Deputy Mairéad Farrell asked the Minister for Children, Disability and Equality if her attention has been drawn to the difficulty of accessing after-school support for children with autism in rural areas; to provide an update on after-school support services for children with autism in the Carraroe/Connemara area; if work is being carried out to ensure that there are accessible, local supports for families who cannot travel long distances; and if she will make a statement on the matter. [31981/26]
Amharc ar fhreagraThe Access and Inclusion Model or AIM is a programme of supports designed to ensure that children with disabilities or additional needs can access the Early Childhood Care and Education or ECCE programme. The goal of AIM is to empower early learning and care providers to deliver an inclusive pre-school experience, ensuring that every eligible child can meaningfully participate in the ECCE programme and reap the benefits of quality early learning and care in any mainstream service participating in ECCE.
A core feature and strength of AIM is that it does not require a diagnosis. Instead, resources are allocated based on a child’s individual needs.
It is intended that, over time, all children with additional needs registered in Early Learning and Care services will have access to supports under AIM.
A comprehensive policy development process is underway at present to extend AIM to children aged under three in future years. It is critical that the new model will be strongly evidence-based and reflective of the developmental stages of children not yet in ECCE.
It is also intended to give consideration at a later date to an extension of AIM for children attending school-age childcare (SAC).
It is critical that both of these policy responses are strongly evidence-based and reflective of the needs of children. This requires tailoring of AIM and differentiation of approaches for each age cohort. Funding will also be required through the annual budget process.
While AIM provides for a series of in-service supports including advice, equipment, therapeutic supports and additional staffing depending on the individual needs of the child, it does not provide funding for transport. General funding through state subsidised fees may at the discretion of the provider be used to support a transport service offer.
For school age children, the Department of Education and Youth provides a School Transport Scheme, the purpose of which is, having regard to available resources, to support the transport to and from school of children who reside remotely from their nearest school.
The National Council for Special Education acts in an advisory role to the Department of Education on the suitability of placements for children with special educational needs. Under the terms of the School Transport Scheme for Children with Special Educational Needs, the Department of Education and Youth will consider the report of the Special Education Needs Organiser (SENO). School transport is provided by that Department to children with special educational needs who are attending the nearest school to their place of residence that is or can be resourced to meet their educational needs, as identified by the SENO.
738. Deputy Barry Ward asked the Minister for Children, Disability and Equality whether the Government intends to designate the proposed European Union Equal Treatment Directive as a priority file during Ireland's Presidency of the Council of the European Union; and if she will make a statement on the matter. [32007/26]
Amharc ar fhreagra741. Deputy Barry Ward asked the Minister for Children, Disability and Equality the status of the Horizontal Equal Treatment European Directive; and if she will make a statement on the matter. [32010/26]
Amharc ar fhreagra796. Deputy Roderic O'Gorman asked the Minister for Children, Disability and Equality which member states are currently maintaining reservations on the proposed European Union Equal Treatment Directive; the nature of those reservations; and if she will make a statement on the matter. [32842/26]
Amharc ar fhreagra797. Deputy Roderic O'Gorman asked the Minister for Children, Disability and Equality the steps her Department are taking to advance the proposed European Union Equal Treatment Directive during the Irish Presidency of the European Union; and if she will make a statement on the matter. [32843/26]
Amharc ar fhreagraI propose to take Questions Nos. 738, 741, 796 and 797 together.
The Equal Treatment Directive, also known as the Anti-Discrimination Directive, was first proposed by the European Commission in 2008 and has been regularly discussed by the Council since then. The Directive seeks to close a gap in EU law, aiming to extend the protection against discrimination on the grounds of religion or belief, disability, age or sexual orientation to areas outside employment.
The proposal falls under Article 19 of the Treaty on the Functioning of the European Union (TFEU) (special legislative procedure). This procedure means that unanimity in the Council is required, following the consent of the European Parliament. The European Parliament provided its initial consent in 2009.
Although the proposal has been under discussion for close to 18 years, and almost every Presidency has placed the file on the agenda of the Council, it has not been possible to reach a unanimous agreement to date.
A progress report, by the Danish Presidency of the Council, was presented at the EPSCO Council on 1 December 2025. The Presidency outlined that, while a very large majority of delegations continue to support the Directive, three Member States maintained reservations on the file. Their concerns were identified as relating to scope, cost, and decentralised competencies.
Ireland has been a long-standing supporter of the adoption of the Equal Treatment Directive. The Department of Children, Disability and Equality has lead responsibility for the negotiation of this Directive, and as is usual practice, officials in the Department coordinate Ireland’s position on the file.
The European Commission proposed in February 2025 to withdraw the Directive from further discussion. At the time, as Minister I signed a joint letter with other likeminded Member States urging Commissioner Lahbib, EU Commissioner for Equality, to reconsider the withdrawal and to work with the Council to seek unanimity. The European Commission retracted their withdrawal proposal in July 2025.
Since then, supporting the work of the Danish and the Cyprus Presidency, Ireland has continued to back efforts to reach unanimity at Council. As part of our Presidency preparations, I have met with Commissioner Lahbib to discuss the Directive, and officials are actively engaging with Member States at technical levels.
Reaching unanimous agreement on this Directive at Council has not been possible to date due to the fact of some Member States having long standing reservations. As the Presidency, Ireland will act as an honest broker for the Council during our term, work with all Member States to understand their views, and will seek to progress files and reach agreement where it is possible.
Ireland’s Presidency Programme for the Council of the EU is currently under development, with preparations intensifying across Government. Two cross-departmental groups, chaired by the Department of Foreign Affairs and Trade, are co-ordinating this preparatory work. Officials from the Department of Children, Disability and Equality are actively engaged in these groups, which focus on the policy and operational aspects of Ireland's Presidency.
Ireland's full policy programme will be published, as is usual practice, shortly before the start of our Presidency term, in June 2026.
739. Deputy Barry Ward asked the Minister for Children, Disability and Equality if she will consider facilitating a meeting with an organisation (details supplied) to discuss the European Union Equal Treatment Directive; and if she will make a statement on the matter. [32008/26]
Amharc ar fhreagraThe Equal Treatment Directive, also known as the Anti-Discrimination Directive, was first proposed by the European Commission in 2008 and has been regularly discussed by the Council since then. The Directive seeks to close a gap in EU law, aiming to extend the protection against discrimination on the grounds of religion or belief, disability, age or sexual orientation to areas outside employment.
The proposal falls under Article 19 of the Treaty on the Functioning of the European Union (TFEU) (special legislative procedure). This procedure means that unanimity in the Council is required, following the consent of the European Parliament. The European Parliament provided its initial consent in 2009.
Although the proposal has been under discussion for close to 18 years, and almost every Presidency has placed the file on the agenda of the Council, it has not been possible to reach a unanimous agreement to date.
Ireland has been a long-standing supporter of the adoption of the Equal Treatment Directive. The Department of Children, Disability and Equality has lead responsibility for the negotiation of this Directive, and as is usual practice, officials in the Department coordinate Ireland’s position on the file.
The European Commission proposed in February 2025 to withdraw the Directive from further discussion. At the time, as Minister I signed a joint letter with other likeminded Member States urging Commissioner Lahbib, EU Commissioner for Equality, to reconsider the withdrawal and to work with the Council to seek unanimity. The European Commission retracted their withdrawal proposal in July 2025.
Since then, supporting the work of the Danish and the Cyprus Presidency, Ireland has continued to back efforts to reach unanimity at Council. As part of our Presidency preparations, I have met with Commissioner Lahbib to discuss the Directive, and officials are actively engaging with Member States at technical levels.
Reaching unanimous agreement on this Directive at Council has not been possible to date due to the fact of some Member States having long standing reservations. As the Presidency, Ireland will act as an honest broker for the Council during our term, work with all Member States to understand their views, and will seek to progress files and reach agreement where it is possible.
In relation to the request for a meeting, I am always happy to meet with organisations to understand their unique perspective on our ongoing work. The Department will assess the appropriateness of such a meeting in the context of current Presidency preparations, and will revert to the organisation through the appropriate channels.
740. Deputy Barry Ward asked the Minister for Children, Disability and Equality if she has raised the effect on the basic European principle on the freedom of movement due to the lack of consistency of rights of members of the LGBTQ+ community across the European Union; her plans to ensure these rights for Irish and other European citizens; and if she will make a statement on the matter. [32009/26]
Amharc ar fhreagraThe Government is fully committed to the protection and promotion of the fundamental rights of LGBTIQ+ people, including the freedom of movement within the European Union. The Government supports continued EU-wide action to strengthen equality and non-discrimination, including through the implementation of the EU LGBTIQ Equality Strategy, and will continue to advocate for the protection of the rights of Irish and all EU citizens.
The objectives of the National LGBTIQ+ Inclusion Strategy II 2024–2028, and its initial Action Plan for 2025 and 2026 support the EU LGBTIQ Equality Strategy, and includes actions to advance equality for LGBTIQ+ people internationally and to support EU action to promote rights and protections. Ireland will continue to advocate for non-discrimination and equal treatment for Irish and all EU citizens in line with EU law and values.
742. Deputy Aidan Farrelly asked the Minister for Children, Disability and Equality the average annual staff turnover rate of graduate lead educators working in Early Years services during the 2023/2024 programme year, on county-by-county basis, community /private employment and service size, in tabular form. [32142/26]
Amharc ar fhreagraThe role of the early years educator and school-age childcare practitioner are valuable ones, and they play an important part in supporting children's development, learning and care.
In a very competitive labour market and with low levels of unemployment, recruitment and retention is a challenge for all employers.
The current Annual Early Years Sector Profile data shows that the number of educators/practitioners working with children in the sector has increased by over 8% between 2024 and 2025 and has increased by over 33% since 2022 while the national average turnover rate has fallen by 1.3% to 24.%% in 2025.
However, it is acknowledged that many early learning and childcare services report recruitment and retention issues. In general, these challenges are not caused by insufficient supply of staff, but by high levels of turnover mainly due to low pay and conditions.
Although the Government is the primary funder of the sector, it is not the employer and cannot directly set wages or conditions.
The Joint Labour Committee is the formal mechanism established by which employer and employee representatives can negotiate minimum pay rates, which are set down in Employment Regulation Orders, and is independent in its functions. Outcomes from the Joint Labour Committee process are supported by Government through Core Funding. In this programme year 2025/26 Core Funding has increased by 6% to approximately €350 million with an additional €45 million in ring-fenced Core Funding provided to support early learning and care services in meeting the increased cost of minimum pay rates in the sector.
I recently announced, as part of launch of Shaping the Future: Early Years Action Plan in December, another allocation of 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 increases in minimum rates of pay negotiated via the independent Joint Labour Committee process.
Consequently, over 2 years, the Department has made an allocation of €90 million available to support possible increased rates of pay.
The table herein shows the staff turnover rate by county based on responses to the Annual Early Years Sector Profile in 2023/24. The turnover data is not available specifically for Graduate Lead Educators only as the data is not collected at that granular level.
|
County Division |
Turnover rate: Overall |
Turnover rate: Community services |
Turnover rate: Private services |
Turnover rate: Small services |
Turnover rate: Medium services |
Turnover rate: Large services |
|
Carlow |
21.4% |
23.5% |
20.2% |
20.8% |
21.8% |
23.1% |
|
Cavan |
22.6% |
23.7% |
21.6% |
25.0% |
20.1% |
19.1% |
|
Clare |
22.4% |
21.7% |
22.6% |
23.3% |
22.2% |
8.2% |
|
Cork City |
29.3% |
18.9% |
33.7% |
26.2% |
35.1% |
32.1% |
|
Cork County |
27.4% |
16.2% |
31.1% |
28.5% |
25.7% |
20.8% |
|
Donegal |
20.7% |
16.3% |
24.5% |
18.6% |
26.6% |
17.3% |
|
Dublin - Dublin City |
35.5% |
22.0% |
42.0% |
34.1% |
37.6% |
39.4% |
|
Dublin - Dún Laoghaire-Rathdown |
48.2% |
29.3% |
51.3% |
41.6% |
58.7% |
61.2% |
|
Dublin - Fingal |
27.8% |
22.8% |
28.2% |
23.0% |
33.1% |
43.8% |
|
Dublin - South Dublin |
29.2% |
16.7% |
32.0% |
26.7% |
31.4% |
36.2% |
|
Galway |
25.1% |
18.2% |
27.6% |
25.2% |
25.5% |
23.2% |
|
Kerry |
25.0% |
18.3% |
28.7% |
24.3% |
29.1% |
17.5% |
|
Kildare |
26.8% |
14.8% |
27.4% |
22.2% |
30.9% |
33.5% |
|
Kilkenny |
20.2% |
17.6% |
21.5% |
20.9% |
21.2% |
14.2% |
|
Laois |
15.5% |
17.4% |
15.0% |
15.9% |
14.1% |
19.9% |
|
Leitrim |
33.8% |
31.0% |
38.8% |
38.9% |
27.8% |
14.1% |
|
Limerick |
22.4% |
18.7% |
23.5% |
22.5% |
20.7% |
24.7% |
|
Longford |
15.1% |
17.2% |
13.4% |
15.0% |
12.8% |
22.4% |
|
Louth |
16.3% |
19.6% |
15.6% |
13.0% |
20.8% |
17.2% |
|
Mayo |
17.5% |
19.6% |
16.0% |
17.3% |
16.9% |
23.2% |
|
Meath |
21.1% |
17.9% |
21.4% |
18.7% |
24.4% |
25.2% |
|
Monaghan |
22.8% |
26.3% |
16.7% |
30.0% |
19.5% |
17.0% |
|
Offaly |
23.1% |
11.9% |
25.6% |
23.4% |
20.4% |
25.5% |
|
Roscommon |
17.5% |
15.7% |
18.8% |
15.0% |
20.1% |
25.6% |
|
Sligo |
27.9% |
26.3% |
28.8% |
27.0% |
28.7% |
31.4% |
|
Tipperary |
23.7% |
19.8% |
24.7% |
25.7% |
19.4% |
20.6% |
|
Waterford |
18.2% |
15.8% |
19.5% |
17.7% |
18.4% |
20.1% |
|
Westmeath |
15.3% |
11.9% |
16.6% |
11.9% |
18.0% |
27.6% |
|
Wexford |
19.9% |
12.5% |
22.7% |
19.1% |
21.5% |
18.3% |
|
Wicklow |
29.9% |
16.8% |
31.6% |
28.7% |
27.0% |
49.0% |
|
National |
25.8% |
19.3% |
28.0% |
24.8% |
27.4% |
27.8% |
Notes:
• The data is taken from responses to the 2023/24 Annual Early Years Sector Profile survey which had a response rate of 87%.
• The turnover rate is calculated by dividing the number of staff that left the service in the previous 12 months by the total number of staff and expressed as a percentage. If the sum of vacancies and staff that worked in a service less than one year is greater than the number of staff that left in the last 12 months, the number of staff who left the service in the last 12 months is substituted in this calculation by the number of staff that worked in the service for less than one year. This substitution is made to differentiate between staff turnover and expansion. The turnover rate is calculated only for staff working with children.
• Service size is assessed based on the number of unique children registered under at least one Department of Children Disability and Equality programme/scheme in a service on 1 June of 2024. A service with less than 50 children is classified as small, a service with 50–99 children is classified as medium and a service with a capacity of 100 or more children is classified as large.
743. Deputy Peadar Tóibín asked the Minister for Children, Disability and Equality the number of protected disclosures that have gone missing or have been compromised that have been submitted to her Department or State bodies that are responsible to her Department. [32281/26]
Amharc ar fhreagraThe Department is currently collating the information requested and a reply will issue directly to the Deputy on this matter as soon as possible.
744. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality the total number of emergency child removals carried out under sections 12 and 13 of the Child Care Act 1991 in each of the past five years, in tabular form, broken down by region and by the legal basis for removal. [32382/26]
Amharc ar fhreagraAs this question relates to operational information held by Tusla, the Child and Family Agency, the question has been referred to the Agency to reply directly to the Deputy.
745. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether Tusla maintains a centralised dataset capturing emergency child removals under sections 12 and 13 of the Child Care Act 1991; if so, the variables recorded within that dataset; and if she will provide details. [32383/26]
Amharc ar fhreagraAs this question relates to operational information held by Tusla, the Child and Family Agency, the question has been referred to the Agency to reply directly to the Deputy.
746. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether any trend analysis has been conducted by Tusla or her Department in respect of emergency child removals under sections 12 and 13 of the Child Care Act 1991; and if so, the findings of such analysis. [32384/26]
Amharc ar fhreagra747. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether her Department has assessed regional variation in the use of emergency child removal powers under sections 12 and 13 of the Child Care Act 1991; and if so, the outcome of that assessment. [32385/26]
Amharc ar fhreagra750. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality how her Department satisfies itself that emergency child removal powers under sections 12 and 13 of the Child Care Act 1991 are applied consistently nationwide in the absence of formal trend analysis reporting from Tusla. [32388/26]
Amharc ar fhreagra751. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality the reporting mechanisms in place between Tusla and her Department in respect of emergency child removals under sections 12 and 13 of the Child Care Act 1991; and the frequency and format of such reporting [32389/26]
Amharc ar fhreagra752. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether any external review, audit or inspection has been undertaken in the past five years examining the use of emergency child removal powers under sections 12 and 13 of the Child Care Act 1991; and if so, the findings. [32390/26]
Amharc ar fhreagra753. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether she has requested or plans to request the development of national reporting or oversight mechanisms relating to emergency child removals under sections 12 and 13 of the Child Care Act 1991; and if not, the reason. [32391/26]
Amharc ar fhreagraI propose to take Questions Nos. 746, 747, 750, 751, 752 and 753 together.
Where a member of An Garda Síochána has reasonable grounds for believing that there is an immediate and serious risk to the health or welfare of a child, the member may under section 12 of the Child Care Act 1991 (the Act), remove the child to a place of safety and deliver the child as soon as possible to the custody of Tusla, the Child and Family Agency. Tusla may then, following an assessment, apply to a Court for an emergency care order under section 13 of the Act. An emergency care order made by a Court places the child in the care of Tusla for a period of not more than eight days.
The Act is the statutory framework for child welfare and protection in Ireland. The legislation places a statutory duty on Tusla to promote the welfare of children who are not receiving adequate care and protection. The Act provides for the statutory criteria that must be met in order for a child to be removed from the custody or care of their parents, including under sections 12 or 13 respectively. Consequently, the evidential standards and proportionality thresholds as they apply to those sections are set out in primary legislation and are interpreted through the associated case law.
Tusla has indicated that when children are removed from the custody of their parents under sections 12 and 13, the initial focus will be on seeking to return the child home once safety has been established. If safety cannot be established, then Tusla may make an application to a Court for an interim care order or "full" care order under Sections 17 or 18 of the Act, as appropriate. The Court adjudicates on such applications where all parties are represented, and when a child is appointed their own guardian ad litem. Tusla, in discharging its statutory responsibilities under the relevant Acts, must at all times have the best interests of the child as its paramount consideration.
Court oversight of the granting of care orders, including emergency care orders, is a key aspect of upholding the rights of parents and families, and ensuring that children are taken into care only where it is found that they are unlikely to receive the care or protection they need unless a Court makes a care order in respect of that child.
Tusla publishes annual data in relation to the legal status of children in its care: https://www.tusla.ie/publications/review-of-adequacy-reports/. These reports outline the number of children coming into care for the first time under a section 13 emergency care order, in a given year. This information is not broken down by region, however data on overall first-time admission to care is available by Tusla area.
Both Tusla and the Department are committed to promoting safe and high-quality practice in all areas of Alternative Care. This is achieved through the thorough application of regulations and standards that govern Alternative Care on behalf of the State, and is underpinned by the provisions of the Child Care Act 1991.
The Health Information and Quality Authority (HIQA) monitors the quality of service provided by the Child and Family Agency to protect children and to promote the welfare of children. The Authority monitors the performance of the Child and Family Agency against the National Standards for the Protection and Welfare of Children and advises the Minister and Tusla, the Child and Family Agency. The National Standards state that in safe and effective services, social workers are supported in making appropriate evidence-based assessments and decisions and managing risk to provide interventions and supports that are more likely to protect children not receiving adequate care and protection.
HIQA submits its Inspection Reports to the Department, and where necessary the Reports are analysed and escalated within the Department to Senior Management. The Department engages with Tusla on the implementation of compliance plans when deemed necessary.
Tusla is required by law to be independent in its work as set out in Section 8(11) of the Child and Family Agency Act 2013. It would not be appropriate for the Department to interfere with the professional judgement of Tusla staff in relation to specific cases. Rather than seeking to intervene in the day-to-day operations, and in keeping with the provisions of the Code of Practice for the Governance of State Bodies, the Department’s governance of Tusla is captured within its Oversight Agreement. The Oversight Agreement includes references to:
• the reporting arrangements between the Department and Tusla,
• the roles and responsibilities of key parties including the role of the Board of Tusla, its Audit and Risk Committee, its Chief Executive Officer and Executive Management team,
• how Tusla’s annual business plan and longer term strategy are aligned with the priorities of the Minister and of the Government,
• the monitoring arrangements including the formal engagements and different meetings between senior Departmental Official and staff in Tusla to ensure that its actions are properly aligned.
The Department’s oversight of Tusla extends to the control environment it has in place including the work of its Audit and Risk committee which, in turn, is responsible for the oversight of the identification and management of risks in the organisation.
The Department also works with the Board of Tusla in ensuring that it is in compliance with the provisions of the Code of Practice for the Governance of State Bodies and seeks corroborating evidence on the controls it operates in providing effective leadership and direction to the organisation.
Under the Programme for Government 2025, Securing Ireland's Future, the Government has made a number of commitments with a view to strengthening the Child and Family Agency, Tusla, and protecting children, which include updating the Child Care Act, 1991, to ensure it reflects our current child protection environment.
748. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether consideration has been given to classifying emergency child removal decisions under sections 12 and 13 of the Child Care Act 1991 as a systemic or governance risk within Tusla's corporate risk framework; and if so, the outcome of that consideration. [32386/26]
Amharc ar fhreagraAs this question relates to operational information held by Tusla, the Child and Family Agency, the question has been referred to the Agency to reply directly to the Deputy.
749. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality the criteria used by Tusla to determine when patterns in frontline child protection interventions escalate to a strategic or corporate risk requiring inclusion on the National Corporate Risk Register. [32387/26]
Amharc ar fhreagraAs this question relates to operational matters managed by Tusla, the Child and Family Agency, it has been referred to the Agency to reply directly to the Deputy.
754. Deputy Richard Boyd Barrett asked the Minister for Children, Disability and Equality for an overview of the regulation and oversight of private home-care companies. [32420/26]
Amharc ar fhreagra755. Deputy Richard Boyd Barrett asked the Minister for Children, Disability and Equality the auditing of allocated homecare hours that is delivered by private home-care companies; and whether the HSE has any way to know that it is not paying for hours not delivered. [32422/26]
Amharc ar fhreagra756. Deputy Richard Boyd Barrett asked the Minister for Children, Disability and Equality the protections that exist for home care staff in HSE-funded services regarding excessive hours, pressure from management, and lack of accountability. [32424/26]
Amharc ar fhreagra757. Deputy Richard Boyd Barrett asked the Minister for Children, Disability and Equality whether the management teams of private homecare providers receive commission for taking on HSE-funded clients; and the oversight that exists of these funding arrangements. [32426/26]
Amharc ar fhreagraI propose to take Questions Nos. 754 to 757, inclusive, together.
As this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
