Séamus Pattison (Carlow-Kilkenny, Labour)
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Question 70: To ask the Minister for Education and Science the details of the right to higher and further education for non-EU nationals here who have not attained nationalisation or citizenship, including the families of people on work permits; if there are circumstances in which they can avail themselves of free tuition fees of EU fees; and if she will make a statement on the matter. [40174/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Under the terms of my Department's Free Fees Initiative the Exchequer meets the tuition fees of eligible students. The main conditions are that students must (a) be first-time undergraduates; (b) hold E.U. nationality or official refugee status; and (c) 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. Eligibility is determined at date of entry to the course of study.

The non-EU spouse and dependent children of an EU migrant worker resident in the State may also be considered for free fees once they meet the other criteria of the scheme.

The third level institutions are autonomous bodies and, as such, may determine the level of fees to be charged in any cases where the Free Fees Initiative does not apply.

With regard to PLC courses, the following categories of students are entitled to free access to such courses:

EU nationals;

persons who have refugee status in Ireland;

persons in the State as the spouse of an EU national, where the EU national has moved from one country to another within the EU to work;

persons (including their spouse and children) who have been granted leave to remain in the State on humanitarian grounds;

persons who have permission to remain in the State as the parents of a child born in Ireland; and

applicants for asylum who have been granted permission to work under the terms of a government decision of 26 July 1999.

Asylum seekers who do not have an entitlement to work are entitled to free access to adult literacy, English language and mother culture supports only.