Michael D Higgins (Galway West, Labour)
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Question 486: To ask the Minister for Justice, Equality and Law Reform if he will take steps to restore and vindicate the rights of children of parents who are on student visas, to 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 he will undertake to immediately remove the prohibition on access to primary education for such children as a condition in student visas. [34907/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The position on this matter was outlined by my colleague Minister Ó Cuív during the adjournment debate on 13 December. In summary, what is at issue here is not whether a non-EEA child in Ireland is entitled to primary education. That right is not in dispute. What we are dealing with is the right of the Irish State, in its immigration system, to determine who enters the State and the terms and conditions applicable to their stay. In the case of overseas students there is a requirement that they are self-sufficient. A non-EEA adult student in the State is clearly not self-sufficient in circumstances where their dependant child is being educated at the taxpayer's expense. An exception was made in the case of fee paying schools where, even though there is State funding, the parents also make a contribution to the costs of their child's education.

It should be understood that if students coming to Ireland had a general right to bring children with them and those children were then entitled to free education, student permission would be much more difficult to obtain than at present. However, in the interests of the children concerned I am willing to make an exception to cover the current school year. This would be on a strictly limited basis, however, and any adult student wishing to stay on beyond that time will be required to adhere strictly to whatever conditions are in force at that time.

I also have general concerns regarding the operation of the student immigration sector and the level of abuse of student permission. It is my intention to outline policy changes in this area early in the New Year.