Micheál Martin (Cork South Central, Fianna Fail)
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154. To ask the Minister for Education and Skills if there are impediments in European Union legislation to changing Irish legislation to give all Irish citizens access to the free fees scheme for third level, regardless of their residency status, to enable them to access the scheme without having to be resident here for three of the five years prior to making their entry application to third level, without giving the same access to all European Union citizens. [43095/15]

Jan O'Sullivan (Limerick City, Labour)
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The position is that it is not possible to limit any amendments to the free fees schemes which impacts only on Irish citizens as to do so is contrary to EU law.

As the Deputy will be aware, in order to qualify for tuition fee funding, students must be first-time undergraduates, hold inter alia EU/EEA/Swiss nationality in their own right, and have been ordinarily resident in an EU/EEA/Swiss state for at least three of the five years preceding their entry to an approved third level course.

Where students do not qualify for free fees funding they must pay the appropriate fee - either EU or Non-EU, as determined by each higher education institution. Due to concerns in relation to the fact that in some cases the higher non-EU fee was being charged to students who held EU/EEA/Swiss nationality but did not meet the residency clause for free fees, the Department requested higher education institutions to charge the more moderate EU fee to such students who have completed at least five academic years of study (primary or post-primary level) in Ireland/EU/EEA/Switzerland and commence their first undergraduate course of study in an approved institution here. This position took effect from the academic year 2014/15. There are no plans to further amend this provision.