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Dáil
‹ Leaders' Questions

Crèche abuse and child-care legislation

Summary

Micheál Martin seeks immediate improvements to child-care inspections, faster publication of the Child and Family Agency and Children First Bills, and clarification of Garda responses to alleged abuse. The Tánaiste agrees the revelations were shocking, promises both Bills during the session, and supports early Oireachtas consideration.

Parents and people throughout the country are still reacting to the "Prime Time" exposé of behaviour in crèches and the cruelty to children and emotional abuse that was witnessed in the film footage of that programme. Many people are looking for immediate responses as well as medium and short-term responses. The situation has clearly shocked many people across the country.

I put it to the Tánaiste that some immediate steps could be taken to respond to the issues raised and enhance the service currently in place, in particular the inspection regime. Yesterday, I mentioned to the Taoiseach five areas that have had no inspectors for the past while, namely, Dublin south city, Sligo-Leitrim, Louth, Cavan and north Monaghan. Can the Tánaiste indicate a specific timeline for the filling of vacancies in those areas where there are no inspectors to carry out any inspection of child care facilities? I am sure he will agree this is unacceptable, so will he confirm that these vacancies will be filled immediately and a timeline will be outlined?

In regard to the crèches that were the subject of the RTE investigative programme, will funding be cut from them, given the serious breaches of regulations that were uncovered? Does the Tánaiste find it acceptable that the crèches concerned, in particular those under Garda investigation, should remain open while under investigation? Should their activities be suspended pending the outcome of such investigations or, alternatively, should significant additional safeguards be put in to protect children in those crèches? Would the Tánaiste agree that CCTV cameras should be introduced immediately in all crèches? Currently, two out of three have CCTV in place.

I refer to the 50,000 children who are minded in their homes by private childminders. In the original heads of the children first Bill, head 4 did not provide for training, licensing or any kind of inspection regime. Will these be include in the actual Bill? The legislation is a key issue. I have not received specific confirmation in terms of the timeline for the children first Bill - when can we expect it? My understanding is that the heads were published some time ago but the legislation has gone back to the drawing board.

I refer to the child and family agency concerning which, again, there is no clear timeline as to when legislation will be published and enacted. Considered objectively, and given the suggested timeline for the legislation, it looks as if that agency will not be established until well into 2014. We need urgent clarification on the legislative area, particularly for the children first legislation and the child and family support agency.

Comment on this

I agree with Deputy Martin that what was shown in the "Prime Time" programme was shocking and hard to watch. It is completely unacceptable. It is every parent's worse nightmare that the child care facility to which they entrust their children may not be treating those children appropriately. It must be pointed out there are many very good child care service and facilities in this country which operate well. It is clear, however, that some of the operators have let the children and their parents down, particularly so in circumstances where parents are paying a hell of a lot of money to these facilities to mind their children.

I spoke with the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, this morning. We agree this issue must be addressed with urgency and are determined it will be resolved. In the first instance, the crèche facilities that were the subject of the television programme are now the subject of both HSE and Garda investigations. A number of things must, and will be, done quickly. First, there will be a facility whereby the inspection reports that are made on child care facilities will be published online so that parents can see for the reports for themselves. Second, Deputy Martin asked about the areas where currently there are no inspectors. The intention is that the inspection regime will be managed on a national basis and the Minister has asked Gordon Jeyes to look at ways in which that can be done so that all areas of the country can be inspected properly. A system of registration will be introduced to replace the existing system of notification and this will be done by the child and family support agency. The intention is for that system to be in place within a reasonably short time. A report will be done on the for-profit child care sector and analysis will be made on all inspection reports presented to date to establish what the patterns are and what needs to be done. The issue of qualifications for child care workers is being examined. It is the Minister's view that FETAC level 5 is probably too low and needs to be increased.

I appreciate the suggestions Deputy Martin has made. He stated this is an issue we need to resolve and that we must work together to do so.

The issue of the inspection regime is being addressed immediately to ensure an inspection regime is in place across the country. In the case of crèches which are not complying with the required standards, the funding can and, I believe, should be cut. In respect of the crèches which are subject to investigation, I hope the investigations are concluded quickly and that the necessary action is taken as a result. I agree that CCTV should be used in crèche facilities. The wider issue of child care provision will be addressed under the registration regime that will be introduced.

Comment on this

I am still unclear on the legislative timelines. The Taoiseach indicated on the Order of Business to our spokesman, Deputy Troy, that the heads of the child and family agency Bill were approved by the Cabinet last November. It is now June and I am not clear as to whether the Bill will be published before the end of July. It may be useful to ask an all-party committee to consider that Bill and the Children First Bill to accelerate their preparation and tease out any issues that may be delaying publication. I do not know whether fundamental issues need to be addressed, but I am not getting a clear timeline on either Bill.

Comment on this

They are making it up as they go.

Comment on this

I mentioned the 50,000 children who are being minded privately in homes across the country because they were apparently not covered by the initial heads of the Children First Bill. Issues clearly arise in that sector given the breach of trust that has been exposed in the crèches under investigation.

The issue of when Garda investigations take place is very serious. I acknowledge, to be fair, that we are not dealing with the types of abuse experienced in other institutions in the past but when allegations were made about individuals in these settings and the Garda commenced a formal investigative process, people were suspended from interacting with children while the investigations were under way. The crèches under investigation should either remain closed while the investigations are ongoing or else additional interventions should be made by the HSE and others to remove any doubt that the children in their care may be vulnerable to emotional abuse or cruelty. The response has to be robust to send a clear message that the kind of behaviour uncovered is unacceptable and has consequences. That in itself would help immediately by sending a wake-up call to every facility, including the many good ones. The response to the events that have been uncovered should signify a watershed in how these unacceptable activities are dealt with.

Comment on this

I agree with that absolutely. The incidents shown in the television programme require immediate action and an absolute determination to deal with these unacceptable practices. At a minimum, parents leaving their children in child care facilities need to know they will be safe and not mistreated, and we are determined to put in place a regime that ensures safety and proper treatment.

The intention is to publish both Bills this session. Certain policy issues that arose in the Oireachtas committee are being considered. I agree that the Bills could be considered at an early stage and I know the Joint Committee on Health and Children is due to meet on 11 June and intends to bring in the HSE and conduct meetings on what happened and the issues arising from the programme. A way can be found to allow it to also address the heads of the Bills.

The Garda investigation has to take its course but I spoke with the Minister for Children and Youth Affairs this morning and we are determined that the investigations will be completed quickly. There will be a firm response to the outcome of those investigations. In respect of continued funding of child care facilities that are found wanting, that funding can be cut and there is a determination to ensure we are not applying taxpayers' money to facilities that are not operating properly.

We need to be clear that what was shown on the television programme is utterly unacceptable to the Minister, Deputy Fitzgerald, to me and to the Government. We will deal with the matters arising quickly.

Comment on this