Norma Foley

Overall sentiment: 0.28
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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.

Sentiment score: 0.20

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.

Sentiment score: 0.50

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.

Sentiment score: 0.47

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.

Sentiment score: 0.38

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.

Sentiment score: 0.23

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.

Sentiment score: 0.37

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.

Sentiment score: 0.27

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.

Sentiment score: 0.15

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.

Sentiment score: 0.16

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.

Sentiment score: 0.22

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.

Sentiment score: 0.39

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.

Sentiment score: 0.43

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.

Sentiment score: 0.12

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.

Sentiment score: 0.18

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.

Sentiment score: 0.11