Bernard Durkan (Kildare North, Fine Gael)

This case refers to a young person who was not born in this country but came here, accompanied by his mother, 11 or 12 years ago. He subsequently attended primary and second level school and has completed his second level education. He applied for a higher education grant to participate in a third level course.

Everything was in order until he applied to renew his stamp 4 to have it updated and extended. He was told at the time that because his mother's status had changed in the past 12 months he would have to go through a special procedure to have his stamp 4 updated. However, it transpired that was not correct because his mother's status had changed some three or four years previously. His stamp 4 status had been updated at least twice or three times in the intervening period.

The above was all apropos of his application for a higher education grant. In an effort to comply with the requirements of the VEC, we managed to elicit this information from the respective Departments. His stamp 4 was eventually updated approximately two months ago but, sadly and unfortunately, he has not received a higher education grant. His mother's income is such that the family are eminently eligible for such a grant.

He was told that if he could supply documentation to the effect that he was entitled to remain in this State in his own right, further consideration would be given to his case. He duly supplied that information, which came via the Department of Justice, Equality and Law Reform. That was submitted some weeks ago but now, unfortunately, that is not sufficient either. I am getting sick of the roundabout, circuitous route this application is taking. I do not mind the Department of Education and Science, or any other Department, introducing new rules and regulations provided they apply to everybody across the board and are in accordance with fairness, justice and due process, but for any other reason, covert of otherwise, that it might be thought that new rules and regulations should apply, I have a distinct antipathy.

The Minister of State is a fair-minded man and I am hopeful he has gone into this case in some detail because it is not a case that will readily go away. The applicant in question is eminently eligible and he should not be deprived of his higher education grant. Incidentally, today he sits his examinations and this is the last day in that respect. If his higher education grant is not approved today, he will not be allowed to sit his examinations and that will be the end of the matter. In any event, he is required to pay for his examinations, something he cannot afford. I should also mention that this man has worked in his spare time out of school to earn pocket money and to be able to do the best he can for himself.

I have followed this particular case, as I have had a number of other cases of applicants who qualify for various benefits in recent years. There appears to be a general tightening of the noose in so far as members of the general public gaining access to certain qualifications are concerned. An aspect that has become notable is a closing date - the closing date has long passed in the case to which I refer due to the failure to process the application. I do not accept the need for closing dates. The applicable year is all that matters. It is simply for internal operations that closing dates were introduced, but people are now being seriously disadvantaged by virtue of the application of such rules. I object strongly to such procedures.

Depending on the reply now available, I will seek to resolve what remains of the issue in the current week. Very little remains to be done for the unfortunate young man concerned. His family had particularly tragic circumstances in the past in their native country. That is not relevant to this particular conversation but if he is seen to have been deprived of what are clearly his just entitlements, this nation should be ashamed of itself.

See this speech in context