Tom Parlon (Laois-Offaly, Progressive Democrats)

I thank the Senator for raising the issue. I am quite familiar with the work done by Eurocollege. I am replying on behalf of the Tánaiste and Minster for Enterprise, Trade and Employment. The Senator refers to a long-standing arrangement, agreed in conjunction with the Department of Justice, Equality and Law Reform, whereby non-EEA postgraduate medical students may take up employment in the State without requiring a work permit to do so, providing the work is an integral part of their studies. That provision was never in question and the Tánaiste does not have a decision to make in this regard.

However, this concession only applies to non-EEA nationals who undertake postgraduate studies at a recognised third-level institution in Ireland. It does not apply to non-EEA nationals studying English in Ireland who may possess a postgraduate qualification from their home country.

The college in question informed the Department that the nurses undertaking English language courses in the institution possess postgraduate qualifications in nursing. This suggests they are not undertaking further medical studies, rather a course in English that may eventually allow them to work in the nursing field. Non-EEA nationals undertaking English language studies in the college in Ireland are, therefore, not postgraduate students, medical or otherwise, for the purposes of immigration law. This means they are not permitted to take up periods of full-time employment during their studies.

Any non-EEA national student who has permission to remain in the State as a student is entitled to take up casual employment for the duration of his or her permission to remain. Casual employment is defined as "up to 20 hours part-time work per week or full-time work during vacation periods, for example, summer and Christmas holidays. However, they are not entitled to undertake full-time employment during their studies, even for short periods.

Students of the college in question have, in the past, undertaken periods of employment during their studies without obtaining a work permit to cover this employment. Non-EEA nationals with permission to remain in the State as students have no entitlement to undertake periods of full-time employment outside vacation periods.

The Department of Enterprise, Trade and Employment does not generally accept work permit applications in respect of non-EEA nationals with permission to remain in Ireland as students. The only exception is where a student gives up his or her permission to remain as a student in order to gain permission to remain as an employee. A non-EEA national cannot have permission to remain as both a student and a worker.

In such circumstances, the question arises as to whether it is in the public interest to issue work permits in respect of students of the college in question, and if so, on what terms. It is important not to confuse the periods of work placement undertaken by students of the college during their studies with clinical assessment or clinical placement, as it was previously known. Clinical assessment is undertaken by non-EEA nationals who have received temporary registration from An Bord Altranais, the Irish Nursing Board. They are undertaken in designated teaching hospitals and generally lead to the individual gaining full registration with the board.

This is not the case with the students in question. They undertake periods of work experience as nursing assistants without the involvement of An Bord Altranais. The Department has received mixed reports from the college on a number of occasions regarding where these periods of work placement take place. It was initially asserted that they generally take place in the Dublin area teaching hospitals. It was subsequently outlined that they take place in nursing homes and there was mention of work placement occurring in crèches. This raises questions regarding the benefit such experience offers to the nurses in terms of increasing their chances of obtaining registration with An Bord Altranais at the end of their studies.

The Department of Enterprise, Trade and Employment is well disposed towards any initiative that would provide the Irish health system with a new source of suitably qualified registered nurses. In this regard, the Department is consulting with other public agencies such as the Departments of Health and Children and Justice, Equality and Law Reform, the Garda National Immigration Bureau, An Bord Altranais and the Health Service Employers Agency

It is not clear what is the intended or likely outcome of attendance at the language courses in question. The Department has received mixed, and not altogether compatible, reports from the college and a number of other quarters regarding where the students will be working once they have completed their course of studies. A number of parties to the discussions have been told that the nurses in question will go to work in the USA or the UK while others have been advised that the nurses will seek to stay in Ireland to do two years "work experience".

The Department is also concerned that the students may have an altogether different expectation of their likely prospects and destinations after completion of their language course. The Department's inquiries in this area are continuing. It is likely the Department will wish to meet with the sponsors of the proposal in question to discuss outstanding issues in the week beginning 19 April.