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English Language Training Organisations

Dáil Éireann Debate, Wednesday - 19 December 2018

Wednesday, 19 December 2018

Questions (273)

Jim O'Callaghan

Question:

273. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the process by which his Department conducts oversight of funds held on behalf of prospective English language school students; the process by which some schools were able to spend these funds; and if he will make a statement on the matter. [54024/18]

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Written answers

The Deputy may be aware that a whole of Government approach was developed and implemented following the unexpected closure of a number of English language schools in 2014 and 2015. A taskforce including officials from the Irish Naturalisation and Immigration Service (INIS) of my Department and the Department of Education and Science developed a joint policy and operational response to tackle this issue and concerns relating to immigration abuse.

This response included the Interim List of Eligible Programmes (ILEP) as a means of identifying the educational programmes that meet eligibility criteria under Ireland's immigration policy for a non-EEA national coming to Ireland for the purpose of study.

I am advised by INIS that the joint arrangements put in place are designed to protect current and prospective students. The joint policy specifies the mandatory provision of learner protection insurance by providers to allow for the placement of affected students in another school to finish their studies or, where this is not possible, that students are refunded fees via the insurance policy.

In addition, there is a requirement for 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 Deputy will appreciate that any suggestion that an educational institution misused funds in respect of prospective students, should be reported to the relevant statutory authorities such an An Garda Síochána and the Director of Corporate Enforcement.

More broadly, the Deputy may wish to note that the Government is taking further steps to strengthen regulation of the English language sector.

The Qualifications and Quality Assurance (Education and Training) (Amendment) Bill 2018, which comes under the auspices of my colleague the Minister for Education and Skills, is currently before the Seanad. The new Bill will establish the International Education Mark (IEM) and a Protection for Enrolled Learners (PEL) Fund.

The IEM is a core component of the Government's policy for the English language sector and will provide a full quality framework for the provision of education to international learners in the future. Only those providers who meet the robust quality assurance procedures of Quality and Qualifications Ireland (QQI) will be allowed to carry the Mark.

The Bill also contains provisions to provide QQI with additional statutory powers to examine a provider’s financial sustainability. Providers will have to satisfy QQI in relation to issues such as the legal personality, ownership and corporate governance arrangements in addition to examining that adequate financial resources are in place to ensure the viability of these businesses.

Upon enactment, the Bill will also empower QQI to establish a fund for the protection of enrolled learners (PEL). 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.

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