Michael D Higgins (Galway West, Labour)
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Question 741: To ask the Minister for Education and Science her views on the ongoing difficulties being experienced by those persons living here on student visas with regard to enrolling their children in primary schools in their locality; if her attention has been drawn to the inconsistency of this difficulty when set against the Equal Status Act 2000, Article 42.3.1 of the Constitution underlining the right of every child to a primary education and Article 2 of Protocol One of the European Convention on Human Rights; the action she will take to deal with and alleviate this inequity; and if she will make a statement on the matter. [34185/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Existing education policy is that students up to 18 years of age are admitted to primary and second level schools irrespective of their nationality or status. Indeed, under the Equal Status Act, schools may not discriminate in admission to schools except where this is necessary to maintain the religious values or ethos of the school. While the Act does provide for differential treatment in relation to fees for further and higher education for persons who are not nationals of an EU Member State, there is no such condition specified in regard to second level schools.

The admission of persons to the State from outside the EU is a matter for the immigration authorities. Children of refugees, those with humanitarian leave to remain in the State, and asylum seekers are entitled to access free first and second level education. However, the basic conditions for a student visa require that the student attend a full time programme of education and training, and be financially self supporting.

The Report on the Inter-Departmental Committee on the Internationalisation of Irish Education, published in 2004, set out a strategy with the objective of enhancing the attractiveness of Ireland as a quality venue for international students and increasing the numbers of students coming to Ireland to participate in further and higher education and training and in the language sector. It was envisaged that students from outside the EU/EEA and Switzerland, other than refugees and those with humanitarian leave to remain in the State, would participate on a fee paying basis.

In the course of the discussions leading to the Report, the position of minors attending school for second level education was discussed, and the existing immigration policy that student visas should be allowed only in respect of attendance at fee-paying schools was confirmed, on the basis that to do otherwise would give rise to additional demands on the State.