Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 5: To ask the Minister for Justice, Equality and Law Reform when the new immigration regime for full-time non-European Economic Area students will come into effect; and if he will make a statement on the matter. [5803/10]

Dermot Ahern (Louth, Fianna Fail)
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As the Deputy is aware, in September last year I published a consultation paper on a proposed new immigration regime for full-time non-EEA students. The consultation paper was prepared, in consultation with the relevant key Departments, following a review by my own Department of the operation of the current student regime. That review had been undertaken having regard to the need to ensure greater coherence in the way we deal with non-EEA students within our immigration system and the fact that it was generally accepted that there was a need for greater regulation in the student area.

As I have stated previously, the Government recognises that international education is a vital industry with significant growth potential and is committed to enhancing Ireland's potential in this area. The immigration regime for students is a key element in this strategy through providing a visibly strong regulatory environment that safeguards against potential abuses of the system, thereby ensuring that Ireland's reputation as a quality destination for international students is maintained. At the same time, looking at the bigger immigration picture, it is self-evident that what we do in one area cannot undermine one of the core principles of any immigration system, that is, the State must be satisfied that persons coming to Ireland do so for a genuine purpose and comply with the immigration conditions of their stay.

This project has a very strong cross-departmental dimension and what is being done in respect of immigration dovetails with initiatives announced by my colleague, the Minister for Education and Science, in the area of quality assurance, rationalisation of accreditation structures and marketing of the Irish educational product abroad. The two Departments have been working very closely together on this matter. My Department is also engaged with the industry and is receptive to any realistic proposals that facilitate the development of the industry without compromising our immigration system.

Underlying the approach adopted in the consultation paper was a realisation that the current "one size fits all" regime for students no longer is appropriate and, therefore, a more flexible and differentiated system is being proposed. The paper also acknowledges the reality that for most non-EEA nationals, the only real avenue to come to Ireland for low-skilled or casual work is as a registered student, thereby creating a significant incentive for the student route to be a channel for economic migration. This is a challenge for immigration systems worldwide.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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I am disappointed that the Minister did not answer my question, which asked when the new regime would be introduced. It obviously has not been introduced yet. Is it not the case that according to the document the Minister published last September, the new scheme was to be introduced from 1 January 2010? Where is that new scheme and when will it be implemented? Does the Minister agree that with a small amount of effort and commitment in this area on the part of the various Departments, an additional €1 billion in badly-needed capital could be brought into this country, thereby creating approximately 6,000 badly-needed new jobs? When will the new regime be put in place? Is the Minister satisfied with the current position in which there is such a dramatic inconsistency between the level of refusal encountered in this jurisdiction and that which obtains across the water in the United Kingdom?

Dermot Ahern (Louth, Fianna Fail)
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Had I been allowed to answer the question fully, I would have been able to tell the Deputy that-----

Brendan Howlin (Wexford, Labour)
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It is not a question of allowing the Minister.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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It is not a Second Stage speech; it is a question.

Brendan Howlin (Wexford, Labour)
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Standing Orders provides for two minutes.

Dermot Ahern (Louth, Fianna Fail)
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There is a consultation paper-----

Brendan Howlin (Wexford, Labour)
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It is important that I should say to the Minister, and I say this to all Ministers, that unless Standing Orders are changed, it would be very helpful were he to front-load the answer.

Pat Rabbitte (Dublin South West, Labour)
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That would be the end of civilisation as one knows it.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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I would be satisfied were I to receive an answer.

Pat Rabbitte (Dublin South West, Labour)
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Members might get answers that way.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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The Minister could front-load it, back-load it or load it any way.

Dermot Ahern (Louth, Fianna Fail)
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Ministers often are accused of not giving answers to the questions and I was trying to be as complete in my reply as possible.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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It was a simple question.

Dermot Ahern (Louth, Fianna Fail)
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It is very difficult when the Chair keeps cutting one off in midstream. However, I will do my best to impart information.

Pat Rabbitte (Dublin South West, Labour)
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Ulysses was more brief.

Brendan Howlin (Wexford, Labour)
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As the Minister is aware, the Chair cuts no one off. It merely applies the rules.

Dermot Ahern (Louth, Fianna Fail)
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As Deputy Rabbitte knows, as always, I am very much into openness and transparency.

Pat Rabbitte (Dublin South West, Labour)
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Ulysses is simpler.

Dermot Ahern (Louth, Fianna Fail)
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Anyway, I had intended to state that a consultation process took place during which 100 submissions were received. It is being considered by an interdepartmental committee on student immigration that is chaired by my Department. It is to be hoped that the committee will report fairly soon and that the matter will be brought to the Government in the not too distant future. I absolutely agree with the Deputy that there is great merit in seeking international business by bringing in people from abroad and educating them in Ireland, provided it is done in the context of ensuring that our immigration system is absolutely sacrosanct.

Unfortunately, there have been cases in which this has been abused and I can provide Members with some information in this respect. On inspection some time ago, a college in Dublin 8 had no desks, whiteboards, blackboards, books or papers. The so-called principal was unwilling to open the doors of the college, which effectively was being used as residential accommodation. At another college in Cork that was visited, none of the 70 so-called students who were registered was in attendance. The excuse given was that the students were off on their mid-term break. This site was visited again during the following month, when only eight students out of 59 were in attendance. A similar occurrence took place at a college which has branches in Dublin 2 and Dublin 9. When it was visited by the investigation unit, no students were in attendance-----

Brendan Howlin (Wexford, Labour)
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Go raibh maith agat. I will allow a supplementary question from Deputy Naughten.

Dermot Ahern (Louth, Fianna Fail)
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-----which was ascribed to bad weather. The institution was visited the following month and no further students were in attendance that day.

Brendan Howlin (Wexford, Labour)
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If the Minister would please-----

Dermot Ahern (Louth, Fianna Fail)
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As Members can see from this anecdotal evidence, this process is open to abuse-----

Brendan Howlin (Wexford, Labour)
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Please.

Dermot Ahern (Louth, Fianna Fail)
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-----and the Government must be absolutely sure that those students who are coming in-----

Brendan Howlin (Wexford, Labour)
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Before-----

Dermot Ahern (Louth, Fianna Fail)
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-----are legitimately here for study and learning purposes.

Brendan Howlin (Wexford, Labour)
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Before I call Deputy Naughten, I would be obliged if the Minister, as well as anyone else, would have some regard to the Chair.

Dermot Ahern (Louth, Fianna Fail)
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I thank the Leas-Cheann Comhairle.

Brendan Howlin (Wexford, Labour)
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Thank you.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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I acknowledge fully the Minister's point and we must have in place a watertight system. Undoubtedly, there are difficulties with the current system both in respect of its rigidity and the loopholes it contains. The sooner we put in place a new scheme, the better for all concerned and for those who are involved in the legitimate industry. The consultation document is silent on the issue of those in possession of student visas working in this jurisdiction. In September 2008, the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Billy Kelleher, stated that he was reviewing this issue. As 18 months have passed since then and in light of the co-ordination that now is in place, can the Minister comment on what plans exist in respect of the review of the working conditions on such student visas?

Dermot Ahern (Louth, Fianna Fail)
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This undoubtedly is an issue that is being considered by the committee and obviously I will await the committee's consideration, as well as the representations and submissions that have been made. However, it is an issue in that it is being used to an extent by some as an opportunity to come here as economic migrants. Lest anyone outside the Chamber thinks this is a major cohort, I wish to emphasise it is estimated that this only pertains to 10,000 to 11,000 people. While some educational interests suggest that 200,000 students come to Ireland for educational purposes, I am unsure whether that figure is correct. Undoubtedly, however, the vast majority of students who do so are not from non-EEA countries but in the main are from the European Union and do not require a visa at all.