Michael D Higgins (Galway West, Labour)
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Question 1049: To ask the Minister for Education and Science if he will provide further detail on a matter first raised on 18 December 2007 regarding the constitutionality of forcing some children to attend private schools; and if the answer supplied at that time still holds. [11187/09]

Batt O'Keeffe (Cork North West, Fianna Fail)
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As outlined previously, 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, and the conditions which apply to their leave to remain, is a matter for the immigration authorities and the Department of Justice, Equality and Law Reform.