Damien English (Meath West, Fine Gael) | Oireachtas source

I thank Senator Billy Lawless for raising this matter. I want to apologise on behalf of my colleague, the Minister, Deputy Richard Bruton, who is engaged in the other House and cannot be here for this debate, although he wanted to be here because it is an important issue.

I will begin by explaining the background to the current free fees schemes. Under the terms of the Department’s free fees schemes, the executor meets the cost of tuition fees in respect of eligible students who are pursuing full-time undergraduate courses of study which are of a minimum of two years duration in an approved institution. The main conditions of the scheme are that students must be first-time undergraduates, meet the nationality clause, which is Irish, EU, EAA or Swiss, of the scheme in their own right and, for study at levels 6, 7 and 8 in universities and level 8 in institutes of technology, and have been ordinarily resident in an EU, EEA or Swiss state for at least three of the five years preceding their entry to an approved third level course.

Where students do not meet the eligibility requirements for free tuition fees, including the residency requirement, they are liable to pay the appropriate tuition fee, either EU or non-EU, as determined by the third level institution. These institutions are autonomous bodies and the level of fee payable by students who do not meet the requirements of the free fees schemes is therefore a matter for the relevant institution. Due to concerns about the fact that in some cases the higher non-EU fee was being charged to students who hold EU, EEA, Swiss nationality but who do not meet the residency clause for free fees, the then Minister for Education and Skills requested, in March 2014, that the higher education institutions charge the more moderate EU fee to such students who have completed at least five academic years of study, at primary or post-primary level, in Ireland, the EU, the EEA or Switzerland and commence their first undergraduate course of study in an approved institution here.

That position took effect from the academic year 2014-2015 onwards. The particular concern was in regard to those people who have had to move abroad for occupational or economic reasons requiring them to take their children out of the Irish education system in the process. If, after a period, they return to live in Ireland, their children may not have met, in some cases, the residency criteria necessary to qualify for free fees. In addition, they may then have found themselves to be doubly disadvantaged by being charged a higher non-EU rate of free fees designed for international students rather than the more moderate EU rate. The Department was anxious to ensure that the children who move out of the Irish education system in such circumstances and subsequently return should not be doubly disadvantaged by being charged a higher non-EU rate of fee.

Tax relief at the standard rate of tax may be claimed in respect of tuition fees paid for approved courses at approved colleges of higher education. Further information on this tax relief is available from the Revenue Commissioners.

To alter the residency requirement would significantly extend eligibility for free fees and would have to be extended not only to Irish nationals but also to the nationals of other EU countries. It could only be considered in the context of additional Exchequer resources being made available to the colleges. Senator Lawless is raising the issue of citizens living in the United States, which I will raise with the Minister, Deputy Bruton, but it is a discussion that would only happen if there is increased funding available to be able to make it available to the institutions. It would open the doors not just to our own citizens, regardless of where they live, but also to other EU nationals living here. It is a cost that might prove to be unmanageable for us at this time. I thank the Senator for affording me the opportunity to respond to the House on this matter and bring some clarity to it also. I will pass on the Deputy's sentiments and the argument he is making to the Minister to allow him further analyse the position.