Jan O'Sullivan (Limerick East, Labour)
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Question 237: To ask the Minister for Education and Science her views on the practice of English language schools in Ireland charging foreign students for attending secondary schools, including non-fee paying schools here; if these arrangements are in contravention of any laws or regulations; and if she will make a statement on the matter. [12661/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The Department of Education and Science provides for and funds education in primary schools and second-level schools in the free education scheme. Existing policy is that students up to 18 years of age are admitted to schools irrespective of their nationality or status. However, student visas are only allowed in respect of attendance at fee-paying schools. It has recently become apparent that a number of institutions in the language sector are offering "junior high school programmes" offering placement in a second-level school and that there are students from non-visa-required countries outside the EU attending such schools in the State sector. As no visas were required, the immigration authorities were not in a position to prevent such entry.

This is not illegal and there are at present no rules which preclude such arrangements. However this is not a process the Government would wish to encourage, either in terms of the guardianship issues which arise, or the potential for additional burden on the State. It should be borne in mind that under the Equal Status Act, schools may not discriminate in their admission policies except where this is necessary to maintain the religious values or ethos of a school. The Act does provide for differential treatment on fees for further and higher education persons who are not nationals of an EU member state. There is no such condition specified in regard to second-level schools. My Department is examining this issue at present in consultation, as appropriate, with the Department of Justice, Equality and Law Reform, to see how best it should be addressed in the future, taking account of equality legislation.