Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 207: To ask the Minister for Education and Science the reason a Romanian national is not treated in a similar manner to other EU nationals for third level college fees and the higher education grant due to the fact that they commenced their course prior to Romanian accession to the EU; and if he will make a statement on the matter. [8128/09]

Batt O'Keeffe (Cork North West, Fianna Fail)
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Under the terms of the Higher Education Grants Scheme administered by the Local Authorities on behalf of my Department, the position is that, students who are entering approved courses for the first time are eligible for grants provided they satisfy the relevant conditions as to residence, means, nationality and previous academic attainment. Students continue to be assessed under the terms of the Scheme relevant to the year of entry to an approved course.

The Nationality requirement as set out in the 2008 Grant schemes states:

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

be a person in respect of whom the Minister for Justice, Equality and Law Reform has granted permission to remain following a determination not to make a deportation order under section 3 of 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.

In accordance with the terms of the 2008 grants schemes and consistent with the conditions attaching to the Free Fees Initiative only those students from Accession Countries who are entering Higher Education for the first time will be eligible, provided that they satisfy all the conditions of the schemes.

I understand that in the specific case referred to by the Deputy the student concerned commenced their course prior to Romanian accession to the EU. Accordingly, they must be assessed under the prescribed terms of the HEG Scheme relevant to their year of entry. As the candidate did not meet the nationality requirement prescribed under the relevant Scheme, he/she is ineligible for higher education grant assistance. There are no plans to change the eligibility criteria in this regard