Joe Flaherty (Longford-Westmeath, Fianna Fail)
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59. To ask the Minister for Education and Skills if his Department will address an anomaly where recently approved applications under the undocumented scheme are precluded from the SUSI grant support scheme; and if he will make a statement on the matter. [15551/23]

Joe Flaherty (Longford-Westmeath, Fianna Fail)
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I welcome the students from Scoil Mhuire National School in Newtown Forbes, who have a keen interest in further education.

Will the Department help to address an anomaly whereby recently approved applications under the undocumented scheme are precluded from Student Universal Support Ireland, SUSI, grants, and will the Minister make a statement on the matter, please?

Simon Harris (Wicklow, Fine Gael)
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I welcome the students the Deputy has brought from his constituency.

Under the student grant scheme, SUSI grants are awarded to eligible students attending an approved course in an approved institution who meet the conditions of funding, including nationality and residency. The scheme has a strong statutory underpinning and is operated in accordance with the provisions of the law, namely, the Student Support Act 2011. To be eligible for a grant, a student must show that he or she has been resident in the State for at least three years out of the five-year period ending on the day before his or her course starts. The residency rule is applied equally to everyone regardless of individual circumstances, including Irish citizens returning home from a period of working abroad. The Act also explicitly states that a person shall not be entitled to derive any benefit from a period of unlawful presence in the State.

The Department of Justice's regularisation of long-term undocumented migrants scheme is an administrative scheme relating to immigration status. Having responsibility for both Departments, I have asked the officials in the Department of Further and Higher Education, Research, Innovation and Science to liaise with colleagues in the Department of Justice on the various categories of immigration status in the context of student grant eligibility.

While I am instinctively supportive, I need to ensure I operate within the confines of the law and do not do anything that has an unintended consequence in terms of advantaging one person to the disadvantage of another, given that, if I did, we would end up with legal difficulties. Within that context, though, I am examining whether a solution can be found. Once officials in both Departments have finished their deliberations, I will be happy to re-engage with Deputy Flaherty on the matter.

Joe Flaherty (Longford-Westmeath, Fianna Fail)
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I thank the Minister for his reply. I am reminded of the supermarket offer, "Buy one, get one free," as he is covering both of his Departments. It is timely for me and some of the other Deputies present.

I welcome the Minister's update. It is the most promising update I have received to this point. This is a major issue. Many families that came here are, strictly speaking, undocumented. Their children went through national and secondary schools. I am aware of a family in my constituency where the eldest child, on securing immigration status, has commenced university but has no SUSI grant. Two siblings will be going to university this September. The family is dynamic and intelligent, and both parents are healthcare workers. This family will provide infinitely to our country, economy and healthcare system. It is important we mobilise such people and not disenfranchise them. However, I appreciate that the Minister needs to work around the issues. I appreciate the review and look forward to its findings.

Simon Harris (Wicklow, Fine Gael)
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Our country is all the better for the diversity in communities across Ireland. The story of the Deputy's constituents shows people who want a bright future and the best opportunities for their children in terms of education and employment prospects while also making a contribution to Ireland, our economy and the skill shortages that exist in many workplaces.

Applying for and being granted Irish citizenship – I had the honour of presiding at a citizenship ceremony a number of weeks ago – satisfies the eligibility criteria. I introduced a number of changes recently to ensure more students in international protection could access financial supports. We also have the student assistance fund. I make these points by way of highlighting a range of supports that are available separate to and distinct from the SUSI scheme, but the latter is our main way of supporting students and families with the cost of education. I will continue to engage on the issue.

Joe Flaherty (Longford-Westmeath, Fianna Fail)
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I appreciate that, if the student were naturalised, it would remedy the situation, but that is an expensive route for a family that is only after exiting undocumented status to take. Even when we try to do things right, there are sometimes unintended consequences. This is one of those situations. I welcome that the Minister will engage with both of his Departments on trying to find a solution. Many people in this situation are in limbo and are facing financial uncertainty, so they will also welcome today's news. I ask the Minister to try to expedite the work so that there can be clarity in anticipation of the September academic term.

Kathleen Funchion (Carlow-Kilkenny, Sinn Fein)
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Does the Minister wish to respond?

Simon Harris (Wicklow, Fine Gael)
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I have nothing further to add other than to thank Deputy Flaherty and say that I will revert to him on the matter.

Kathleen Funchion (Carlow-Kilkenny, Sinn Fein)
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Everyone is being co-operative this morning. It is great.

Simon Harris (Wicklow, Fine Gael)
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We do our best.