Scotland's fees anomaly comes under challenge

Does charging English students tuition fees violate human rights law?

In just over a year's time, English students will be charged the highest public university fees in the world. Despite ministers promising that only an "exceptional" number of institutions would charge £9,000, 47 of England's 123 universities plan to levy the maximum fee for all courses.

By contrast, courtesy of Alex Salmond's SNP administration, Scottish students will continue to enjoy free higher education. But while the country's universities are legally obliged to also offer free entrance to EU students, a legal loophole means that they are able to charge students from England fees of £1,820 ( £2,895 for medicine) per year - a sum that will increase to £9,000 from 2012. In other words, under European law, it is permissible to discriminate within states but not between them.

Now, this anamoly is under challenge from human rights lawyers. Phil Shiner, of Public Interest Lawyers, argues that the system contravenes article 14 of the European Convention on Human Rights and could also be in breach of the Equality Act. He says that Scottish ministers have "misinterpreted the law" and that "the argument about domicile and nationality doesn't hold water".

It's no surprise that this issue has arisen now. When I interviewed Steve Smith, the recently-departed head of Universities UK, last month, he told me that the status quo was untenable.

"That announcement shocked me," he said. "They [the SNP] had made such principled statements in the past about how iniquitous fees were and then they announced that they were going to allow institutions to charge £9,000." He added: "I suspect the government will do something ... It does seem very odd to me that someone can come from France and get the same terms as someone in Scotland but if they come from England they pay £9,000. That seems to me an anomaly that can't stand in the long-run."

The Scottish fees policy is often wrongly perceived as anti-English (the Daily Mail refers to it as "the fees apartheid") but it's simply aimed at maximising revenue for universities. Students from Wales and Northern Ireland also pay fees and the SNP is attempting to ensure that EU students do likewise. The number of EU students at Scottish universities (widely viewed as "a cheap option") has doubled to 15,930 over the last decade, at an annual cost to the Scottish taxpayer of £75m.

For the left, Scotland should serve as a reminder that tuition fees are a political choice, not an economic necessity. The British government can afford to fund free higher education through general taxation, it merely chooses not to. In public expenditure terms, the UK currently spends 0.7 per cent of its GDP on higher education, a lower level than France (1.2 per cent), Germany (0.9 per cent), Canada (1.5 per cent), Poland (0.9 per cent) and Sweden (1.4 per cent). Even the United States, where students make a considerable private contribution, spends 1 per cent of its GDP on higher education - 0.3 per cent more than the UK does.

Nick Clegg was never more wrong than when he said the "state of the finances" meant the coalition had no choice but to increase fees. In reality, for the reminder of this parliament at least, the reforms will cost the government more, not less. The new fees won't come into effect until 2012, which means repayments won't begin until 2015 for a three-year course. In the intervening period, the government will be forced to pay out huge amounts in maintenance and tuition-fee loans.

If English students win free entry to Scottish universities, while their friends pay £9,000 per year, it will only increase the pressure for an end to fees across the UK.

George Eaton is political editor of the New Statesman.

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Why isn't Labour putting forward Corbynite candidates?

Despite his successes as a candidate, the organisational victories have gone the way of Corbyn's opponents. 

The contest changes, but the result remains the same: Jeremy Corbyn’s preferred candidate defeated in a parliamentary selection. Afzhal Khan is Labour’s candidate in the Manchester Gorton by-election and the overwhelming favourite to be the seat’s next MP.

Although Khan, an MEP, was one of  the minority of Labour’s European MPs to dissent from a letter from the European parliamentary Labour party calling for Jeremy Corbyn to go in the summer of 2016, he backed Andy Burnham and Tom Watson in 2015, and it is widely believed, fairly or unfairly, that Khan had, as one local activist put it, “the brains to know which way the wind was blowing” rather than being a pukka Corbynite.

For the leader’s office, it was a double defeat;  their preferred candidate, Sam Wheeler, was kept off the longlist, when the party’s Corbynsceptics allied with the party’s BAME leadership to draw up an all ethnic minority shortlist, and Yasmine Dar, their back-up option, was narrowly defeated by Khan among members in Manchester Gorton.

But even when the leadership has got its preferred candidate to the contest, they have been defeated. That even happened in Copeland, where the shortlist was drawn up by Corbynites and designed to advantage Rachel Holliday, the leader’s office preferred candidate.

Why does the Labour left keep losing? Supporters combination of bad luck and bad decisions for the defeat.

In Oldham West, where Michael Meacher, a committed supporter of Jeremy Corbyn’s, was succeeded by Jim McMahon, who voted for Liz Kendall, McMahon was seen to be so far ahead that they had no credible chance of stopping him. Rosena Allin-Khan was a near-perfect candidate to hold the seat of Tooting: a doctor at the local hospital, the seat’s largest employer, with links to both the Polish and Pakistani communities that make up the seat’s biggest minority blocs.  Gillian Troughton, who won the Copeland selection, is a respected local councillor.

But the leadership has also made bad decisions, some claim.  The failure to get a candidate in Manchester Gorton was particularly egregious, as one trade unionist puts it: “We all knew that Gerald was not going to make it [until 2020], they had a local boy with good connections to the trade unions, that contest should have been theirs for the taking”. Instead, they lost control of the selection panel because Jeremy Corbyn missed an NEC meeting – the NEC is hung at present as the Corbynsceptics sacrificed their majority of one to retain the chair – and with it their best chance of taking the seat.

Others close to the leadership point out that for the first year of Corbyn’s leadership, the leader’s office was more preoccupied with the struggle for survival than it was with getting more of its people in. Decisions in by-elections were taken on the hop and often in a way that led to problems later down the line. It made sense to keep Mo Azam, from the party’s left, off the shortlist in Oldham West when Labour MPs were worried for their own seats and about the Ukip effect if Labour selected a minority candidate. But that enraged the party’s minority politicians and led directly to the all-ethnic-minority shortlist in Manchester Gorton.

They also point out that the party's councillor base, from where many candidates are drawn, is still largely Corbynsceptic, though they hope that this will change in the next round of local government selections. (Councillors must go through a reselection process at every election.)

But the biggest shift has very little to do with the Labour leadership. The big victories for the Labour left in internal battles under Ed Miliband were the result of Unite and the GMB working together. Now they are, for various reasons, at odds and the GMB has proven significantly better at working shortlists and campaigning for its members to become MPs.  That helps Corbynsceptics. “The reason why so many of the unions supported Jeremy the first time,” one senior Corbynite argues, “Is they wanted to move the Labour party a little bit to the left. They didn’t want a socialist transformation of the Labour party. And actually if you look at the people getting selected they are not Corbynites, but they are not Blairites either, and that’s what the unions wanted.”

Regardless of why, it means that, two years into Corbyn’s leadership, the Labour left finds itself smaller in parliament than it was at the beginning.  

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.