Louise O'Reilly (Dublin Fingal, Sinn Fein)
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501. To ask the Minister for Education and Skills his Department's views on whether there is a crisis in the English language education sector for students; and if he will make a statement on the matter. [57672/22]

Louise O'Reilly (Dublin Fingal, Sinn Fein)
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502. To ask the Minister for Education and Skills if his Department will conduct an income over expenditure analysis for English language education students on stamp 2 visas from the perspective of the student; and if he will make a statement on the matter. [57673/22]

Simon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 501 and 502 together.

No such analyses are currently being planned.

A series of reforms to the student immigration system for international education (assets.gov.ie/25007/6794897b14064e08bae9a9068a849075.pdf) were implemented in 2015. The reforms were designed to drive real and lasting change in the sector and address abuse of the immigration regime and labour market, improve the overall quality of educational offering to international students, and improve protection and supports for learners, whilst safeguarding the strong international reputation of high-quality Irish education providers consistent with the goals of Ireland’s International Education Strategy.

The primary purpose of the Stamp 2 immigration permission is to enable non-EEA students to travel to Ireland to avail of educational opportunities and in the case of the sector in question, to study English. To pursue their studies, English language students can avail of up to three Stamp 2 immigration permissions, each of 8 months duration, to a maximum of two years. As part of each 8 month permission, a student enrols on an English language programme which meets the requirements of the Interim List of Eligible Programmes (ILEP), which is at least 25 weeks in duration and which provides a minimum of 15 classroom tuition hours per week led by an appropriately qualified teacher. The class attendance requirements linked to this permission are key to underpinning the integrity of English language provision.

While primarily for the purpose of study, this permission also allows Stamp 2 holders to work while in the State subject to clearly stated conditions. Students may take up employment which enables them to work up to 20 hours a week during term time and up to 40 hours a week during designated holiday periods.

Student welfare has been a key driver for my Department since its establishment. Where English language education students are encountering difficulties or challenges, they should engage directly with their provider to avail of the resources and pastoral care supports that are on offer. The Irish Council for International Students (ICOS) also provide advice, supports and information resources for International Students based in Ireland including on such important matters as student accommodation, employment rights and immigration conditions. Information on these services can be freely accessed online here: www.internationalstudents.ie/.

The Government is taking further steps to strengthen the regulation of the English language sector. The Qualifications and Quality Assurance (Education and Training) (Amendment) Act2019 contains provisions to provide for the establishment of a new national Learner Protection Fund and also the International Education Mark (IEM).

The new national Learner Protection Fund will be established and administered by Quality and Qualifications Ireland (QQI), the national agency with responsibility for external quality assurance and qualifications across the further, higher and adult education sectors. The fund will be used to ‘teach out’ a programme in the event that a provider fails to provide a programme. Should this not be possible, the fund will be used to reimburse students for the most recent fees that have been paid.

The International Education Mark (IEM) is a key component of the Irish Government’s policy for the English language education sector and is intended to provide a quality framework for the provision of education to international learners. To obtain the IEM providers will have to demonstrate compliance with requirements on corporate fitness, quality assurance and the protection of enrolled learners, alongside key criteria and practices surrounding the recruitment and admission of international students, information provision, student welfare, cultural awareness and academic support provisions.

My Department is currently working with QQI to develop and implement the key precursor measures that are necessary to facilitate the introduction of the Learner Protection Fund and the IEM. It is planned that the application process for the IEM will open in early 2023.

QQI has recently launched a formal public consultation process for all stakeholders on the IEM and its associated draft Codes of Practice. For further information on the IEM and to participate in this consultation, relevant information can be found here: www.qqi.ie/news/international-education-mark-public-consultation-opens-expressions-of-interest-sought.

Louise O'Reilly (Dublin Fingal, Sinn Fein)
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503. To ask the Minister for Education and Skills if an independent regulator will be put in place for the English language education sector; and if such a regulator will oversee agents operating as intermediaries between students and English language education sector schools. [57674/22]

Louise O'Reilly (Dublin Fingal, Sinn Fein)
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504. To ask the Minister for Education and Skills if his Department will ensure that agents operating as intermediaries between students and English-language sector schools comply with the rules regarding escrow accounts when receiving payment for English-language education sector courses from students. [57675/22]

Simon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 503 and 504 together.

Issues regarding overseas travel agencies have previously been brought to the attention of my Department. These agencies are privately owned and primarily operate in other jurisdictions arranging study and travel options for prospective International Higher Education (HE) and English language education (ELE) students to many countries including Ireland. These agencies act as intermediaries between prospective students and predominantly private ELE and HE providers, who secure payments for courses and assist students with travel, accommodation, and visa requirements.

As this is principally a private sector activity and a matter of private contract between the parties involved the Department of Further and Higher Education, Research, Innovation and Science does not have a role in these matters. There is presently no national regulation of such agencies as many entities of this type are based in other jurisdictions and operate outside of the State.

Education providers in Ireland wishing to recruit non-EEA students are required to be listed on the ILEP (the Interim List of Eligible Programmes - the list of education programmes considered to justify the granting of permission to students to live and work in Ireland). The ILEP is managed by the Department of Justice in conjunction with the Department of Further and Higher Education, Research, Innovation and Science.

A condition of an ILEP listing is a requirement for education providers to operate an 'escrow' type account with a bank or financial institution regulated by the Central Bank of Ireland. Providers are required to hold funds on behalf of prospective students pending the outcome of their application for a visa. Where the visa decision is positive the funds are transferred to the provider. If the visa application is refused the funds (less any pre-agreed charges) are refunded to the student.

The Government is taking further steps to strengthen the regulation of the English language sector. The Qualifications and Quality Assurance (Education and Training) (Amendment) Act2019 contains provisions to provide for the establishment of a new national Learner Protection Fund and also the International Education Mark (IEM).

The new national Learner Protection Fund will be established and administered by Quality and Qualifications Ireland (QQI), the national agency with responsibility for external quality assurance and qualifications across the further, higher and adult education sectors. The fund will be used to ‘teach out’ a programme in the event that a provider fails to provide a programme. Should this not be possible, the fund will be used to reimburse students for the most recent fees that have been paid.

The International Education Mark (IEM) is a key component of the Irish Government’s policy for the English language education sector and is intended to provide a quality framework for the provision of education to international learners. To obtain the IEM providers will have to demonstrate compliance with requirements on corporate fitness, quality assurance and the protection of enrolled learners, alongside key criteria and practices surrounding the recruitment and admission of international students, information provision, student welfare, cultural awareness and academic support provisions. In addition, the Codes of Practice that will underpin the IEM will contain provisions with respect to the relationships between providers and recruitment agents.

My Department is currently working with QQI to develop and implement the key precursor measures that are necessary to facilitate the introduction of the Learner Protection Fund and the IEM. It is planned that the application process for the IEM will open in early 2023.

QQI has recently launched a formal public consultation process for all stakeholders on the IEM and its associated draft Codes of Practice. For further information on the IEM and to participate in this consultation, relevant information can be found here: www.qqi.ie/news/international-education-mark-public-consultation-opens-expressions-of-interest-sought.