A judge has warned that operating a creche was a dangerous business to be involved in, where it was very easy for operators to find themselves in court.
At a special sitting of Ennis District Court yesterday, Judge Tim Lucey made his remark before fining Martina Baker of Hopscotch Childcare and Montessori, Quin Road, Ennis, €2,250 in relation to the operation of the child-care facility. "It is a frightening prospect for anyone to open a creche and people will be very hesitant to open one up, unless they are very well versed in what is required."
He said the requirements for operating creches were very vague and very difficult to prove to a criminal standard.
Ms Baker was facing 50 charges and on the second day of the trial. She has pleaded to guilty to nine charges after the Health Service Executive (HSE) withdrew 37 others.
On Monday, Judge Lucey directed that Ms Baker be found "not guilty" of four charges.
The charges that Ms Baker pleaded guilty to related to failing to ensure there were adequate suitable sanitary facilities provided; the condition of play facilities and omissions in record keeping on dates between March 2006 and January 2007.
Prior to sentencing, the HSE applied in court that Ms Baker be prohibited from operating a creche in the future.
However, Judge Lucey described the application as "unduly harsh".
He said: "Nobody achieves 100 per cent, least of all the HSE, and I am thinking of the whole question of hygiene in hospitals and, on that, should they be closed down as a result?"
He added: "No one is beyond redemption and Ms Baker has learned from her lesson. I am not going to prohibit this woman from operating a creche. The infringements were not so awful to prohibit her operating a creche."
Imposing a fine of €250 on each of the nine offences, Judge Lucey said he took Ms Baker's guilty plea into account which saved the court time and also noted the HSE had withdrawn the majority of the charges and that she had no previous convictions.
Niall Casey, solicitor for Ms Baker, said that application by the HSE to prohibit her from operating a creche in the future "was an effort to stain the character of Ms Baker and should copper-fasten the mindset of the HSE in this case in the court's view and it begs the question, who guards the guardians?"
Mr Casey said he found the application "somewhat offensive", pointing out that there was no evidence in the case brought forward in relation to the health and welfare of the children at the creche. He said the offences Ms Baker pleaded guilty to were venial rather than mortal sins.
A HSE spokesman said after the case: "When our legitimate concerns were not addressed it was, unfortunately, necessary to initiate legal proceedings because of the seriousness of the issues involved and the failure of the proprietor to face up to them."
