Seán Barrett (Dún Laoghaire, Fine Gael)
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Question 132: To ask the Minister for Education and Science the reasons for denying parents of Irish born children access to third level educational grants in contravention of the European Convention on Human Rights Act 2003, which underpins the right of access to higher and further education for all non-EU nationals living here; and if she will make a statement on the matter. [21516/07]

Leo Varadkar (Dublin West, Fine Gael)
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Question 407: To ask the Minister for Education and Science the reason parents of Irish born children who are legal residents in the State are excluded from the higher education grant scheme; if she will review this policy; and if she will make a statement on the matter. [21663/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 132 and 407 together.

My Department funds four maintenance grant schemes for third level and further education students. These are the Higher Education Grants Scheme, the Vocational Education Committees' Scholarships Scheme, the Third Level Maintenance Grants Scheme for Trainees and the Maintenance Grants Scheme for Students attending Post Leaving Certificate Courses.

The Higher Education Grants Scheme is administered by the Local Authorities. The other three schemes are administered by the Vocational Education Committees. Under the terms of the maintenance 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 the 2007 Grant schemes states that candidates must hold E.U. Nationality; or have Official Refugee Status; or have been granted Humanitarian Leave to Remain in the State (prior to the Immigration Act 1999); 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.

A non-EU national who has been granted permission to remain in the State on the basis of an Irish born child does not comply with the above conditions and is ineligible for grant assistance under the nationality requirements of the schemes.

Any extension to the scope of the maintenance grants schemes, can be considered only in the light of available resources and in the context of competing demands within the education sector. I do not believe that this policy is contrary to the legislation cited.