Bernard Durkan (Kildare North, Fine Gael)
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Question 209: To ask the Minister for Education and Science if, notwithstanding her reply to Question No. 1261 of 25 January 2006, the person in question is precluded by virtue of regulations for third level education or on the basis of their non-nationality; and if she will make a statement on the matter. [4885/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The actual admission of students to higher education institutions is a matter for the individual institutions and the Central Applications Office. Under the terms of my Department's free fees initiative students must be first-time undergraduates and hold EU nationality or official refugee status and have been ordinarily resident in an EU member state for at least three of the five years preceding entry to an approved third level course in order to be eligible for free tuition fees. I emphasise the distinction between the criteria used to determine eligibility under the free fees initiative and the criteria by which individual colleges establish the rate of tuition fee to be charged in cases where a student does not qualify for free fees. The universities are autonomous bodies and, as such, may determine the level of fees to be charged in any case where the free fees initiative does not apply.