Olivia Mitchell (Dublin South, Fine Gael)
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Question 551: To ask the Minister for Education and Science if she will examine the rights granted to a person with humanitarian leave to stay here with regard to availing of the free fees scheme in third level universities; and if she will make a statement on the matter. [35267/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The main conditions of my Department's Free Fees Initiative are that students must (a) be first-time undergraduates; (b) hold E.U. nationality or official refugee status; and have been ordinarily resident in an E.U. Member State for at least three of the five years preceding their entry to an approved third level course. Official refugees are eligible on the same residency terms as Irish nationals. Persons with humanitarian leave to remain in the state are not eligible under the Free Fees Initiative.

Under the terms of the Higher Education Grants scheme grant assistance is awarded to students who meet the prescribed conditions of funding including those which relate to nationality, residency, means and previous academic attainment.

The Nationality requirement as set out in Clause 4.5 of the Higher Education Grant Scheme 2006 states:

Candidates must: hold E.U. Nationality; or have Official Refugee Status; or have been granted Humanitarian Leave to Remain in the State; or have permission to remain in the State by virtue of marriage to an Irish national residing in the State or be the child of such person, not having EU nationality; or have permission to remain in the State by virtue of marriage to a national of another EU Member State who is residing in the State and who is or has been employed, or self-employed, in the State, or be the child of such a person, not having EU nationality; or be nationals of a member country of the European Economic Area (EEA) or Switzerland.