Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 388: To ask the Minister for Education and Science his views on the implications for Ireland's image as a destination for international students of proposals to require non-EEA students to send their children to private schools and to obtain work permits if they want to work while studying here; if he has been consulted on these proposals in her capacity as Minister; and if he will make a statement on the matter. [17183/08]

Batt O'Keeffe (Cork North West, 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, asylum seekers and dependents of certain work permit holders, 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, pay the appropriate fees and be financially self supporting. Such students have no entitlements to bring their dependents with them to the State.

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. My Department is in continuing discussion with officials in the Department of Justice, Equality and Law Reform regarding the proposals in the Immigration and Residence Bill.

On the issue of work permits, Section 24.2 of Towards 2016 provides that the employment of non EU/EEA students will be made subject to work permits, and the Minister for Enterprise Trade and Employment is currently drawing up proposals for the implementation of this commitment. It is proposed that such permits will not be the subject of a labour market test. This is part of an overall strategy to help ensure that there are adequate safeguards in place to protect employment rights, that minimum wage and registered employment agreements are adhered to, and that migration policy is underpinned by appropriate administrative arrangements.