Mary Hanafin (Dún Laoghaire, Fianna Fail)

The Deputy heard the answer I gave. The Department of Education and Science has raised various issues and it appears to be satisfied that the vast majority of education is excluded because of the nature of our free education system. Obviously, we will keep developments under review. Various law cases have strengthened our understanding. In a Belgian case, it was deemed that a course taught in a technical institute to form part of secondary education provided under the national education system could not be regarded as a service. It only applies to courses provided for remuneration, in other words education is seen as part of social and cultural life rather than of economic life.

Further case law found that courses in higher education financed through public funds do not constitute services. In addition to the services directive, the case law strengthens our understanding in this regard. Although it has started its first reading in the European Parliament, I am satisfied at this stage that education as we understand it will be excluded from the directive.

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