Ruairi Quinn (Dublin South East, Labour)
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Under the terms of my Department's Free Fee Schemes the Exchequer meets the cost of tuition fees in respect of eligible students who are pursuing full-time undergraduate courses of study which are a minimum of two years duration in an approved higher education institution. Higher Education Institutions determine the entitlements of students to free fees based on meeting the prescribed conditions of the Schemes including those relating to nationality.

The nationality requirement of the Schemes are that students must:

- be a national of an EU Member State, a state which is a contracting state to the EEA Agreement or the Swiss Confederation; or

- Be a refugee or other persons i.e. family members of refugee or programme refugee, entitled for the time being to the rights and privileges specified in Section 3 of the Refugee Act 1996; or

- Be a person whom the Minister for Justice and Equality has determined is eligible for the time being for subsidiary protection under regulation 4(4) of the European Communities (Eligibility for Protection) Regulations 2006; or

- Be a person who has permission to remain in the State as a family member of a Union/EEA/Swiss citizen under the provisions of the European Communities (Free Movement of Persons) Regulations 2006 and 2008 and Directive 2004/38/EC of the European Parliament and of the Council; or

- be a persons who was granted Humanitarian Leave to Remain in the State (prior to the Immigration Act 1999); or

- be a person in respect of whom the Minister for Justice and Equality has granted permission to remain following a determination not to make a deportation order under section 3 of the Immigration Act 1999.

As the Deputy will be aware the Student Contribution, which currently stands at €2,500, is payable by students who qualify under the Free Fees Schemes. The Department of Justice and Equality adjudicates on a person's entitlement to remain in the State and on the stamp that is awarded where permission to remain is sanctioned. A 'stamp 4' does not of itself convey any entitlement to public services.

Higher education institutions are autonomous bodies and the criteria governing the level of tuition fees to be charged (EU or Non EU rate), in cases where undergraduate students do not qualify for free fees and in the case of postgraduate study, is a matter for the institutions to determine.