Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context

Question 375: To ask the Minister for Education and Science the steps she proposes to take to resolve the contradiction which has emerged between the Department of Education and Science and the Department of Justice, Equality and Law Reform in relation to the rights of children whose parents are on student visas to avail of primary education in their locality; if her attention has been drawn to the inconsistency which has arisen between the Department of Education and Science, which acknowledges the right of children to enrol, and the Department of Justice, Equality and Law Reform, which is insisting that such children cannot avail of State education and must make private provision, of circumstances where the refusal of State access is tantamount to a deprival of the rights to education of such children in accordance with Article 42.4 of Bunreacht na hÉireann and Article 2 of Protocol One of the European Convention on Human Rights; and if he will undertake to take urgent action in this matter. [34908/07]

Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context

Question 391: To ask the Minister for Education and Science if she has discussed with the Department of Justice, Equality and Law Reform the ongoing difficulties being experienced by children of parents who are here on student visas to access primary education in accordance with Article 42.4 of Bunreacht na hÉireann and Article 2 of Protocol One of the European Convention on Human Rights; and if she will undertake such action as to immediately remove the prohibition on access to primary education for such children as a condition in student visas. [34906/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 375 and 391 together.

Under the immigration regime, students from outside the EU/EEA and Switzerland who are not asylum seekers, refugees or who do not have humanitarian leave to remain in the State, may access education on a fee paying basis and are required to be self sufficient during their stay in Ireland. Such students attending full time courses of at least 15 hours a week may also access work up to 20 hours per week, or full time in the holiday period, provided they are attending a programme of study which is included on the Department's Internationalisation Register. The majority of these students attend courses of further or higher education in the public or private sector, or avail of language courses in private language schools.

Such students may also be admitted to the second level sector provided they attend fee paying schools. Under the immigration regime, persons admitted on a student visa have no entitlement to bring their spouses or children with them. Where children are admitted, the immigration requirement is that they attend fee paying schools, on the basis that to do otherwise would give rise to additional demands on the State.

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 such 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. 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.

Therefore, second level fees may not be levied by schools or the Department of Education based on a child's nationality or status. The differentiation in such cases occurs on the basis of immigration policy, in that persons who are not attending schools in the fee-paying sector do not generally have an entitlement to enter or remain in the State.