Vol. 499 No. 3
352 Mr. R. Bruton asked the Minister for Education and Science the way in which he can justify the disqualification of Irish people who enter higher education from State support if they have been out of the country for the previous three years in view of the right of Irish citizens to free movement; and the way in which this co-exists with the stated Government policy of supporting the return of those who have emigrated. [2716/99]
Under the free fees initiative, tuition fees are payable in respect of eligible EU nationals who have been ordinarily resident in an EU member state for at least three of the five years preceding entry to their third-level course. I would point out to the Deputy that this condition applies equally to all EU nationals, including Irish nationals, in accordance with the judgment of the European Court of Justice that access to vocational training must apply equally to all EU nationals. I understand that similar residency requirements operate in the other EU member states.
The removal of this residency condition for Irish nationals would have to apply to EU nationals generally and could have significant resource implications for the Exchequer.
I would further point out to the Deputy, the EU nationals who have been ordinarily resident in the administrative area of a local authority from 1 October of the year prior to going to college may apply for assistance under the higher education grants scheme. In this regard, EU nationals who do not satisfy the residency requirement under the free fees initiative may apply to have their fees paid if they satisfy the residency requirement (of one year in an EU member state) and the means test under the scheme.
