Vol. 445 No. 8
67 Mr. McGinley asked the Minister for Education if she will give details of the third level educational rights of the children of EU migrant workers and its implication for the rights of the families of Irish migrant workers in the UK or other EU states. [52/94]
The European Community Council Directive of 25 July, 1977, on the education of the children of migrant workers applies only to children for whom school attendance is compulsory under the laws of the host State.
Accordingly, the terms of the Directive do not apply to third level education. However, membership of the EU obliges the relevant authorities in all the member states no to discriminate between their own nationals and nationals from other member states in the administration of their schemes of third level student support or in access to third level education generally.
The benefits and conditions of whatever students support schemes or other arrangements for access to third level courses which apply to a member state's students who are nationals, must be applied in an identical fashion to students who are nationals of another member state.
As a result of these obligations, the situation regarding third level students from Ireland studying in the UK, for example, is that practically all under-graduate students from Ireland qualify to have their fees paid by the UK authorities. In order to qualify for maintenance grants, they must have been resident in the UK for three years, which is the same requirement that applies to UK students.
The same situation applies in the case of all other EU countries.
