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Dáil Éireann debate -
Tuesday, 20 Oct 1998

Vol. 495 No. 4

Adjournment Debate. - Postgraduate Students.

It is in the interests of any country, particularly one which has experienced the devastating unemployment levels which were visited upon Ireland in recent decades, to protect its job market as much as possible. However, there is a balance to be struck and this arises in the case of the small and highly skilled group of non-EU nationals who are here as resident aliens to pursue postgraduate studies in universities and other higher education institutions.

Such people are not permitted to work legally for the duration of the period they are in the country if they are here on a bona fide postgraduate studies basis. It is a condition of the permission granted that they do not engage in any employment or business activity. I am aware that it is the opinion of officials within the Department of Justice, Equality and Law Reform and the United States Embassy that this condition is unfair in its application by Irish authorities to postgraduate students from the United States given the lenient US position allowing non-national postgraduate students to work there legally.

I hope to hear from the policy section of the Department of Justice, Equality and Law Reform that this is not a blindly entrenched position which is inherited and anachronistic and that the Department is prepared to examine the issue on its merits. A passports for investment scheme was operated in the past for those endowed with large amounts of capital. Can temporary work permits not be granted to postgraduate students who, by virtue of their academic accomplishments, have won places at postgraduate level in our institutions of further education?

Among the merits of including this small and highly skilled group in the workforce would be the encouragement of outside investment and job creation because of the availability of technically and academically highly skilled workers. Universities would gain the ability to attract the best and most qualified scholars and not just the best of the independently wealthy scholars, despite the limited funding available for non-EU citizens studying at postgraduate level. Making postgraduate study less financially punitive for non-EU nationals could increase the revenue of the universities since non-EU nationals are required to pay up to 300 per cent more in fees than their EU counterparts.

Changes to the current restrictive regime could be made with sensitivity to protect the interests of Irish and EU citizens. The number of hours worked per week could be limited, annual income capped, employment options restricted to short-term or contract positions and work permits granted in a head to head exchange with Irish citizens studying in, for example, the United States.

Given the historical, political and familial relations between Ireland and the United States, it seems reasonable to foster the academic relationship between the two countries. How many distinguished Irish figures hold honorary doctorates from American universities and vice versa? The Taoiseach received a doctorate from the University of Notre Dame this week. Many in the House are contributing something to such an exchange by hosting participants in the IPA internship programme. Allowing postgraduate students to legally earn the money to help with their weekly rent and groceries would be a simple way of achieving a lofty goal.

Thousands of non-European economic area nationals are admitted to Ireland each year to pursue courses of study. A large and successful industry has grown up in this area and it now contributes significantly in terms of employment and export earning. Irish universities and higher education institutions are not the only bodies involved but have played a major part in this development.

Persons are admitted to study in Ireland, whether they are from a visa required or other non-EEA state, subject to a number of conditions. The most important of these are: that they are genuine, full-time students enrolled in a recognised education institution, that they have paid their fees and have sufficient funds to maintain themselves without access to public funds, and that they do not take up employment. These conditions are regarded as being interrelated. A person who has sufficient funds should not need to take up employment. Similarly, if a person is a bona fide full-time student, they should not be in a position to devote time to a job.

In so far as the conditions are concerned, no distinction is made between undergraduate or postgraduate, or between degree and diploma programmes and other courses of study. I would not be enthusiastic about subdividing the student visa conditions into a range of subcategories. Some people find the application process complicated enough as it is.

The Department of Enterprise, Trade and Employment operates a work permits scheme whereby firms can apply to employ non-EEA nationals when they cannot find the skills they need in Ireland or elsewhere in the EEA. This scheme works well and 3,800 permits were issued this year up to September. In general, a firm cannot obtain a work permit for a person here as a student.

An exception to the prohibition on work is made in the context of persons with some element of work experience built into their full-time studies, even if it is remunerated. For example, postgraduate medical students have for many years been working as temporary registered doctors in the medical sector while completing postgraduate training. The same principle is applied to other courses and I am happy to examine equivalent programmes and to ask the Minister for Enterprise, Trade and Employment to consider adopting a similar approach, if appropriate.

I am not in favour of enabling persons to take up work whose principal stated purpose when resident here is to pursue a course of studies. I am concerned that admitting students to work would greatly undermine our existing system which protects the domestic labour market from uncontrolled access by third country nationals and the consequent negative effects on the wages and working conditions of Irish people. I am not prepared to take that risk. The Government has also decided to introduce legislation making it an offence to employ someone without a work permit and for which fines and, possibly, jail sentences could be imposed. This is an indication of how seriously the problem of unregulated work is taken. Enabling persons here as students to take up work could undermine the successful operation of such legislation.

Permitting students to work would distort the operation of student visas generally. My Department is already concerned at the extent to which visas obtained to pursue courses of study are abused and is working with the industry to address these issues while responding to the demands of bona fide students. The Deputy's proposals would not assist in this. The incentive to register oneself as a student to work or to extend one's period of study to continue to work would surely be very high. To attempt to police attendance to weed out those not genuinely attending a course would be extremely expensive in terms of Garda resources, if not completely unworkable. Similarly, to attempt to apply particular entitlements to certain types of students, such as postgraduates, would be difficult to monitor.

People who study here and who wish to return here to work can do so under the work permits scheme and many do. I would prefer if the skills of non-EU nationals required by firms could be accessed in this way rather than on a part-time and temporary basis while they are supposed to be studying.

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