David Stanton (Cork East, Fine Gael)
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55. To ask the Minister for Education and Skills the current situation with respect to the payment of non-EU third-level fees by Irish citizens educated and currently living outside of the EU; if he has considered any changes in this regard; and if he will make a statement on the matter. [27020/24]

David Stanton (Cork East, Fine Gael)
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This question was sparked by the real-life experience of a former constituent who is now living outside the European Union. He contacted me to say that his son, who was born in 2004, would like to come back to Ireland to go to college. His son has an Irish PPS number, an Irish bank account, and an Irish passport, but because he is living abroad he will have to pay non-EU fees, which are very expensive. He told me other countries in the European Union make an exception for their citizens who are living abroad to come back and not have to pay these very high fees. Has the Minister given any consideration to making changes in this regard?

Patrick O'Donovan (Limerick County, Fine Gael)
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I thank the Deputy. The higher education tuition fee payable by a student can vary depending on a variety of factors, including the type of course and the student's access route. The assessment of a student’s application and the determination of the appropriate fee rate is a function of the institution attended.

Typically there are two rates of fee, an EU rate of fee or a non-EU rate of tuition fee. Higher education institutions are autonomous bodies and are responsible for their own day-to-day management and operational affairs. This includes setting the criteria a person must meet to be regarded as an EU or a non-EU tuition fee student. The criteria may vary by institution. I understand that an institution’s criteria will generally include specified nationality and-or residency requirements that students would be expected to meet to qualify for the EU rate of fee.

As the Deputy will appreciate, it is not possible for the Department to intervene in the fee policy of the institutions or to advise on the specific criteria of individual institutions. Where a student has a query about an institution's EU or non-EU fee policy, they can of course engage directly with the institution involved. If the Deputy so wishes, he can give me the details.

David Stanton (Cork East, Fine Gael)
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I thank the Minister for his response and interest in this matter. He will appreciate that Irish citizens living abroad would like their children to come back here to go to university, but the fees are exorbitant. The Minister said he cannot intervene in this way, but is there any way he can make it easier? Will he consider examining the possibility of making it easier for Irish citizens living abroad to come back here - these are young people we need and want here - to go to university, who might stay here afterwards and contribute to our economy?

Patrick O'Donovan (Limerick County, Fine Gael)
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I understand what the Deputy raised but the crux of the matter is the residency issue for three out of the previous five years. That is a long-standing policy within the Department and the Government, as he will appreciate. It comes on the basis of proving that the person has a direct connection to the State and is ordinarily resident here. We appreciate that it obviously costs an awful lot of money to educate people. We appreciate that fees are much more expensive when a person is non-resident or is from outside the European Union but, by the same token, it also costs the Exchequer a lot of money to educate people. That is why the basic parameter of three out of the previous five years was introduced. It is a long-standing policy. It is similar to other EU jurisdictions with regard to how they deal with their citizens living outside the jurisdiction.

David Stanton (Cork East, Fine Gael)
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On that last point, I understand that some other EU countries have changed that rule in that they allow people to go to university there and accept them as European citizens paying only European fees. Even Irish citizens in some countries can have that benefit. I will ask the Minister some questions. When is this policy being reviewed? Has it been reviewed recently? Will he set a review of this policy in train with respect to the three out of five years issue? Indeed, will he go further, as I suggest, and allow Irish citizens living abroad to attend universities here, in the same way Irish citizens living in this country can attend universities and third level, and not have to pay the exorbitant non-EU fees?

Patrick O'Donovan (Limerick County, Fine Gael)
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In answering the Deputy's question, we have to be conscious of EU law. We have to make sure that all persons within the European Union are treated equally. The exemption cannot just be available for an Irish citizen within the European Union. Again, I do not know the details of whether the person is within or outside the European Union. It might be better if I get the details and am able to explore it with officials in the Department. I do not propose to have any deviation from the three out of five years. Deputy Stanton will appreciate that. I appreciate that education at third level is expensive on parents and students. It is also very expensive for the Exchequer. There are many people outside and within the European Union who are Irish citizens and have not been domiciled here for three out of the past five years. There would be an obvious impact on the Exchequer. We have to be conscious of that.