The operator of a dirty, overcrowded pre-school premises where monitoring of sleeping babies was "listening to see if they were crying" yesterday agreed to pay €5,000 to charity to avoid a criminal conviction.
Geraldine O'Reilly, owner of the Malahide Nursery and Montessori School, The Estuary, Malahide, Dublin, pleaded guilty to nine breaches of regulations governing pre-schools following an inspection last year of her premises. It has since closed voluntarily.
Dublin District Court heard the nursery, one of three run by Ms O'Reilly, provided a service for children aged between one and four.
Walls, floors and fittings were in a generally dirty condition and there were just three "filthy" carry-cots in a "sleeping room" to provide for up to six children at a time, counsel for the Health Service Executive (HSE) said.
There was no proper monitoring of the children in this room. The officer who carried out the inspection was told staff "listened out to see if children were crying".
Another room that accommodated up to six children was only large enough for half that number. There must be at least 3.7sq m for each child, and this room only measured 14.4 sq m, the court heard.
Water at the wash basin to which children had access was a hazard because it was too hot. Measurements of up to 70 degrees were taken, when it should have been no higher than 43 degrees. Babies' soothers were not properly stored in sterilising fluid, giving rise to a risk of cross-infection. There was a lack of "age-appropriate" toys and storage facilities were inadequate.
A solicitor for Ms O'Reilly said she had been in business since 1989 but because she was not the owner of the building, she was unable to alter it to bring it up to standard.
Following the inspection, she closed it down and had since opened a "state-of-the-art" facility in Balbriggan. She also runs two other creches.
Ms O'Reilly was not in court because of illness and commitments to her other creches.
Her husband, who is a partner in the business, told Judge Anne Watkin that she had been "let down badly" by the people who were running the creche at the time. "We are holding our hands up and leaving ourselves at the mercy of the court," he said.
Judge Watkin said she considered deregistering Ms O'Reilly as a pre-school operator but because she had co-operated with the inspector and had no previous convictions, that would not happen on this occasion.
Martin Wall writes: Pre-school services in Ireland are governed by regulations drawn up by the Department of Health in 1996 and 1997. They recommend that in facilities providing full day care, there should be one adult for every three infants under one year, one adult for every six children aged one to three, and one adult for every eight children aged three to six. There should be a minimum of 3.7sq m for every infant under one, 2.8sq m for every child between one and two, and 2.32sq m for every child between two and six.