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Seanad Éireann díospóireacht -
Wednesday, 1 Nov 2006

Vol. 184 No. 24

Third Level Fees.

I welcome the Minister of State to the House to take this important matter, namely, the need for the Minister for Education and Science to clarify the position regarding the inequity of charging fees of more than €6,000 for a student repeating a college year, with the allied loss of third level grant provision, in circumstances where she is relying for funding on a widowed parent whose sole income is disability benefit and who cannot afford such an excessive outlay, and to outline how, under natural justice, such a punitive measure can be enforced.

What can the Minister of State say to me about a system that gives free fees to students whose parents can hypothetically afford a private jet, a large yacht, two or three houses, here and abroad, and a holiday to the most exotic places on earth while a student who relies on a widowed mother, whose sole income is disability benefit of approximately €170 per week, is expected to pay more than €6,000 to register for a repeat first year in university as well as losing her maintenance grant? The student's only fault was that she had made the wrong course choice last year but was dutiful enough to finish the year and pass her exams. Had she known that her application to her work was to cost her and her mother so dearly, she would have taken the easy option and dropped out. However, she did not do that. She is a hard-working girl who has mistakenly learned to finish what she started. The upshot is that she has not been able to register for her new course. She is in no-man's land in regard to her future educational prospects.

I realise that according to the Department of Education and Science guidelines, each student is entitled to only one year's free fees for each year of study. If students wish to repeat a year, they must pay the fees in full. Following on from the loss of free fees, the maintenance grant is also removed for the year in question. This is where we must begin to question the system. Such a black and white ruling leaves no grey areas and cases of extreme want are ignored. The Minister should examine cases such as this.

To return to the concept of natural justice, no student should be so harshly penalised for making an honest mistake. If this student had failed her exams and was not serious, I could understand that it would be impossible to do anything to help her. However, this student's only problem is financial and unbelievable pressure is being put on her and her widowed mother who is ill and unable to work. Dickens would have been shocked at such Scrooge-like treatment of an honest and deserving case.

The student's mother was widowed at an early age, her husband having died suddenly left her with a young family. To be caught in an unbending system must be the ultimate nightmare for any parent. I plead with the Minister on behalf of this young student and her mother, and other students in similar positions, to put in place a facility to accommodate them in their third level education. This happened through no fault of the student. There are huge anomalies in the system given that fees are paid to students whose parents have yachts and three or four homes, here and abroad, while a widow cannot be accommodated in respect of fees for her daughter. I plead with the Minister to intervene and ensure that cases such as this are dealt with in a compassionate and humane manner at a time of plenty and much wastage in other areas.

We have seen what has happened with PPARS and electronic voting, where millions of euro of taxpayers' money has been wasted, while the education of an innocent girl cannot be looked after by the State. There is something wrong with a society that allows that to continue. I plead with the Minister to deal urgently with this matter.

I am taking this Adjournment matter on behalf of the Minister for Education and Science, Deputy Hanafin.

Under that Department's free fees initiative, the Exchequer meets the tuition fees of eligible first-time undergraduate students attending approved full-time courses. The criteria for eligibility for free tuition fees includes the provision that tuition fees will not be paid in respect of students undertaking repeat years or in respect of students repeating a year-level having changed, but not completed, their undergraduate course. Discretionary exceptions are provided for in cases where students are required to repeat a year as a result of certified medical grounds.

It is understood the student in this case pursued the first year of a degree in nursing in an institute of technology, subsequently deferred her second year course of study and has now commenced a science degree in a university. The student concerned received free fees for the first year of her nursing degree. In keeping with the terms of the free fees initiative, the student in question is not eligible for free fees for year one of her new course of study. However, she will be eligible for free fees from year two onwards.

As the Senator can appreciate, the terms of the free fees initiative must be adhered to for all students and it is not open to the Department of Education and Science to make exceptions in individual cases. The Senator will be aware that universities are autonomous bodies and, as such, may determine the level of fees to be charged in any case where the free fees initiative does not apply.

The Department funds three means-tested maintenance grant schemes for third level education students in respect of attendance on approved courses in approved third level institutions and one maintenance grant scheme in respect of students attending approved post-leaving certificate courses in approved PLC centres. These are the higher education grants scheme, the vocational education committees' scholarship scheme, the third level maintenance grants scheme for trainees and the maintenance grant scheme for students attending post-leaving certificate courses.

The higher education grants scheme is administered by local authorities. The other three schemes are administered by vocational education committees on behalf of the Department. The process of assessing eligibility for third level or further education grants is a matter for therelevant local authority or VEC in the first instance.

The position is that, generally speaking, students who are entering approved courses for the first time are eligible for grants, that is, maintenance and tuition fees, where they satisfy the relevant conditions as to age, residence, means, nationality and previous academic attainment. A student is not generally eligible for grant assistance in respect of a second period of study at the same level, irrespective of whether a grant was paid previously. Officials of the Department of Education and Science have determined that the student referred to by the Senator was awarded the non-adjacent rate of grant, including the special rate of grant, in respect of the first year of a nursing degree course pursued in the academic year 2004-05. The candidate will become eligible for consideration for grant assistance again upon progression, for the first time, to year two of an approved course, subject to the terms and conditions of the scheme. The Senator will appreciate that it is not open to the Department to depart from the terms and conditions of maintenance grants schemes in individual cases.

Apart from the maintenance grant schemes and the free fees initiative, financial support is also available to students in approved third level institutions through the student access fund. The objective of the fund, which is ESF-aided, is to assist in a sensitive and compassionate manner students who might otherwise, due to their financial circumstances, be unable to continue their third level studies. Information on the fund is available from access offices in third level institutions.

Section 473A of the Taxes Consolidation Act 1997 provides for tax relief on tuition fees at the standard rate in respect of approved courses at approved colleges of higher education, including certain approved undergraduate and postgraduate courses in EU and non-EU member states. Further details and conditions of this tax relief are available from the student's local tax office.

The Minister of State's reply sounds ridiculous. It has been managed by an official in the Department. The Minister of State refers to section 473A of the Taxes Consolidation Act 1997 but it does not apply in this case. This student is depending on her widowed mother who is in receipt of a mere €170 disability benefit. How can such a woman provide for and look after her child and another member of the family in those circumstances? There is something wrong with a system that allows this to happen in this day and age. I plead with the Minister of State to examine the matter.

The Senator should put a question.

He stated that "a student is not generally eligible for grant assistance in respect of a second period of study", but is there not some leeway or flexibility in the guidelines in this regard? Is there any way people in such circumstances can be accommodated or must they opt out and go on the dole for a year? Does the Minister agree there is something wrong with a system that allows this to occur? If she had known about these details, the student could have taken the easy option and opted out.

I have allowed the Senator to put a question.

I outlined the details comprehensively. I am not sure how many students qualify for free education every year but it must be hundreds of thousands. The free fees initiative is paid for every year and the student in question will qualify. Clearly, whatever mistake she made in terms of changing her mind, she was fully funded for her first-year course in nursing. She deferred her course for a year and then decided to take up science. Strict criteria are laid down in such circumstances. There is a massive fund for free education but it is a sensitive issue for the individual concerned. In the third last paragraph, my reply stated that the candidate will become eligible for consideration for grant assistance. She can contact her college's access office concerning the student access fund, which assists students who, due to their financial circumstances, may be unable to continue their third level courses. Obviously, that is a very private matter and something the student may wish to avail of herself. The information is quite comprehensive, however. She can contact the access office in her third level institution.

She has already done that and got nowhere. This is the last resort.

The Senator should allow the Minister of State to reply.

My reply, on behalf of the Minister for Education and Science, was quite comprehensive.

The Seanad adjourned at 7.45 p.m. until10.30 a.m on Thursday, 2 November 2006.
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