Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 440: To ask the Minister for Education and Science the reason a person (details supplied) in County Laois who is legally resident here is not entitled to free third level education; and if she will make a statement on the matter. [7666/06]

Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 441: To ask the Minister for Education and Science the reason a person (details supplied) in County Laois must pay in excess of €9,000 per year in college fees; and if she will make a statement on the matter. [7667/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 440 and 441 together.

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 to be eligible for free tuition fees. Eligibility under the scheme is determined at the date of entry to the course.

On the date of entry to the course, the person referred to by the Deputy did not hold EU nationality or official refugee status and had not been ordinarily resident in an EU member state for at least three of the five years preceding entry to a third level course and therefore does not qualify for free tuition fees under the terms of the free fees initiative. In cases where a student does not qualify under the free fees initiative, the statutory power for determining fee levels rests with the governing body of an institute.