The Staggers

The New Statesman’s rolling politics blog

Scotland's fees anomaly comes under challenge

Does charging English students tuition fees violate human rights law?

By George Eaton Published 22 August 2011 13:42

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.

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Tags: tuition fees Scotland

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36 comments

Tue, 2011-08-23 19:17 — Mac the knife (not verified)

Not denying anything, but hardly think it's relevant. English students (or lawyers come to that) who are unhappy about the unfairness of fees need to be challenging their own government to reduce or abolish fees, not trying to make everyone else charge the iniquitous sums of money that they do.

If you're going to charge your own and incoming students large fees, you can't expect your students to go elsewhere for free

Thu, 2011-08-25 20:42 — An Spailpín Fánach (not verified)

The trouble with Scotland is... that it's full of Scots

Tue, 2011-08-23 19:20 — sonzhou12

Whose means should be tested? Most (not all) uny students tend to be at least 18 and therefore adults. Why should their parents' means be tested?

Mon, 2011-08-22 17:26 — Stuart Eels (not verified)

Kenelm

Is that really how you feel? "England has to be honest, had its day."

It will have if people think as you do, this issue issoley about equaility throughout the UK, we the English most certainly don't have that and never will with such attitudes.

Why should a student in England incur such debts when the student population in the rest of the UK don't, why sholud an OAP when going into a Nursing home have to sell their home to pay for that care and lose all their savings whilst in Scotland they don't, why is any Scottish MP entitled to vote on matters relating to England only but not on those same matters in their own back yard?

Its got to be sorted and the easiest way would be to break up the UK, its past it.

Tue, 2011-08-23 19:39 — sonzhou12

@Stuart Eels - "this issue is solely about equality throughout the UK".
No it's not - the UK is several countries within a union. There is no way that countries with a separate assembly or parliament (well three of them, counting out England) will be able to achieve 'equality'. If they did it would be serendipity.

"Why should an OAP when going into a Nursing home have to sell their home to pay for that care and lose all their savings, whilst in Scotland they don't" etc.

Quite simply it's because they have their own country - and electorate. It's only we English that are so conceited that we don't bother demanding our own parliament, we'd rather think of ourselves as the (British) majority and therefore other countries in the union should apparently do our bidding. Are you aware that social care, transport and education are devolved functions?

England and its youth will become more economically and intellectually impoverished as long as its electorate continues to vote predominantly for Tories and 'orange book' LibDems.

Quite honestly Salmond must sleep restlessly, because if lots of English emigrated to Scotland and lived and voted there it would be a severe drain on their resources.

Tue, 2011-08-23 19:41 — Daniele1

Jane Carnall and Mac the knife have summed up the situation.
Surely it isn't up to other government to match the extortionate English fees. Rather the English government (is there such a thing?) must be shamed into abolishing fees. If all other European countries can do it , why not England exactly?
English education is now the most expensive in the whole bloody world! Is there any shame in that?
FA "free higher education is regressive": how do you figure this out? What a ridiculous statement!

Mon, 2011-08-22 17:41 — Foz (not verified)

Far better place to live and be educated. As an englishmen having spent 12 years up there and two back down here I hope the SNP go for it.

Tue, 2011-08-23 21:51 — ACMJ

AS Scotland is not an independent State on its own ,and still is part of the Union , actually it is farcical that English students don't have the same rights in Scottish universities as other British students, and yes it is discriminatory

Thu, 2011-08-25 08:12 — Stuart Eels (not verified)

Mac the Knife

No you are not.

Mon, 2011-08-22 19:51 — Tearlach (not verified)

"Does charging English students tuition fees violate human rights law?"

No.

Next serious question please?

Wed, 2011-08-24 02:56 — Erzan (not verified)

1. SCOTLAND IS NOT A COUNTRY, it is a region within a country, named the United Kingdom of Great Britain and Northern Ireland. Which has been a country for over THREE HUNDRED YEARS. It has no legal supreme sovereignty, unable to sign international treaties, hasn't got a seat at the UN or any major political international organization. The European Union is closer to a 'country' than Scotland is. It's laws and courts are supreme, it can sign international treaties and it does have a seat on some political organizations. (plus it has an anthem, government, a minor military force and a foreign diplomat)

2. FORMING A ENGLAND PARLIAMENT WILL CONDEMN ENGLAND TO A CENTRE-RIGHT rule. England, *compared* to the regions of the U.K is a centre-right electorate. The way the system works now, allows non-conservative MP's from Wales, Scotland and Northern Ireland act as a buffer to the mass of conservative MP's from England. So as a left-wing voter, I shudder at the thought of a Parliament for England.

3. The way the system works now is against the student from England. Students from Scotland and France will always be treated the same as students in England if they studied at Oxford. But if a student from England studied at St Andrews, the student from England will be the only one discriminated against and forced to pay high fees.

Wed, 2011-08-24 09:24 — sonzhou12

@Erzan "Scotland is a region not a country"

Advise you to go back to school, read some history (and geography) - then come back and discuss what you have learnt. You are also wrong on the EU and international treaties. Could say so much more but 'nuff said.

Wed, 2011-08-24 10:41 — Stuart Eels (not verified)

Daniele

Just think about it for a second, there is no English Parliament despite the fact that on the last opinion poll figures 58% of those polled wanted an English Parliament.

The English no more want these scandelous loans than anyone else. Call me Dave when in opposition talked about an English Grand Council, then as I expected when in power dropped it.

Erzan

"2 Forming an England Parliament will condemn to a Centre Right Rule." Rubbish, Labour now realising that they have lost their Scottish power base are now trying to reconnect in England and are talking about an English Parliament!

England and Scotland both have rich and disverse histories and should be allowed to go their own way, what are the Unionist so afraid of? Is it that Call Dave and before him Tone Blair won't have vast armed forces to fight their glory hunting ways?

Wed, 2011-08-24 11:06 — Eas50n (not verified)

The Scottish goverment made this desicion to use funds allocated to use for speanding on Free higher education, England did not.

Is it really more complicated than that?

Nothing to do with discrimination or Human rights, it is the choices the poeple made to elect the goverments and the polocies the Goverments created along with the policies they followed.

It is important to Scotland to secure a future for its next generation by providing Tuition free studies to its local people. If the english goverment does not see this a priority then do not come complaining to the scottish people. We did not enforce these fees on you.

In scotland it is free prescription and free tuition that is how we spent our money how do the English spend theres?

Tue, 2011-08-23 01:48 — Daniele1

No that has nothing to do with human rights and to pretend it does is making a mockery of the very concept of human rights.
Like the article says, it is a political choice that Scotland has made and if English students are feeling angry about the extortionate fees they will have to pay, well they could demonstrate..wait yes they have. well do it again! in any case this isn't Scotland's problem.
One thing I don't understand is it is claimed in the article that Eu students in Scotland do "cost £75m to the Scottish tax payer annually".
How? EU students usually have their fees (the real cost of the course)paid by their respective governments. So I don't see how they cost anything to the taxpayer unless they now have changed the rule.
In any case English and Scottish students can also go and study in any other European country for FREE as no fees are charged in most European universities where many courses are run in English.
So to all the distraught English students out there, just pack your bags and go SOUTH! you might even learn a Foreign language in the process!

Mon, 2011-08-29 16:55 — Drew Edward (not verified)

Sad to see some of the usual Daily Mail mistakes pop up here. Scotland is classed as a 'region' of the UK in EU terms, and not a member state. As the legislation to prevent discrimination is based on seperate member states, then any legal challenge based on these grounds will either fail, or give Scotland de-facto independence by declaring it a seperate member state from the UK and not a region. I believe Germany has different rates of fees between the different parts of the Federal regions, so there is already a legal example in practice. If the challenge is on ethnic grounds it will also fail. The rule only applies to English students not living in Scotland. English students living in Scotland at the time they apply for a place can get the same access ito free education as any Scots living here.

Tue, 2011-08-23 12:03 — Robert Taggart

One has an idea !...
Take on the Scotts - in the name of UKGBNI - make them feel hated by the rest of us = they vote for independence.
SORTED !

Tue, 2011-08-23 13:39 — quoyote

Stuart Eels
Why restrict your question to England vs Scotland. Why should English UNiversity Attendees build up massive debts when their European University attending counterparts do not. Is it because we completely ignore what is happening in other EU member States. If so why? Do we not speak the language or are we just arrogant and think that an English education is the best.

Tue, 2011-08-23 14:42 — Daniele1

Quoyote:
I'll tell you what it is, yes British arrogance, ignorance and lack of interest of what goes on in Europe, and the lack of linguistic skills which is the shame of Britain.
But as i said, loads of courses are now run in English, especially in Holland, and there is NO reason whatsoever why an English student wouldn't not choose to spend his/her students years in Amsterdam or Paris and start life with NO debt and a foreign language under their belt.European degrees are recognised in all EU countries. And if they choose to stay there, well that brain drain is thoroughly deserved by this blind and stupid government.

Tue, 2011-08-23 15:00 — Pi**sed off (not verified)

@Taggart

Dry yer eyes mate

Wed, 2011-08-24 17:24 — Stuart Eels (not verified)

Tell me Eas50n

Do you read as badly as you write, when will you get it into your head that there is NO ENGLISH PARLIAMENT! we have never been allowed to even vote in a referendum about establishing one whilst Scotland have been given two!

IT WAS THE UNITED KINGDOM GOVENMENT that imposed fees on our students!

Tue, 2011-08-23 15:26 — Jane Carnall (not verified)

"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."

Wow, muddled thinking. It wasn't the SNP's decision for English students to be charged tuition fees - it was the Labour government at Westminster. It wasn't the SNP's decision to ramp tuition fees for English students up to £9000 - it was the Tory/LibDem government at Westminster.

If the English don't like getting charged £9000 tuition fees - and who would? the solution's simple - get rid of the government that is imposing these fees. Don't blame the government that consistently *opposed* the fees.

"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."

If the English won't oppose tuition fees when they have to pay them - how many of those commenting were supporters of the anti-fees demos in winter 2010/2011? - then how on earth would their *not* having to pay tuition fees lead to opposing them?

Tue, 2011-08-23 15:35 — Jane Carnall (not verified)

Stuart Eels asks: "Why should a student in England incur such debts when the student population in the rest of the UK don't, why sholud an OAP when going into a Nursing home have to sell their home to pay for that care and lose all their savings whilst in Scotland they don't"

Why? Because the Scots keep electing left-wing governments. And the English don't.

"why is any Scottish MP entitled to vote on matters relating to England only but not on those same matters in their own back yard?"

Because the House of Commons rules are that any MP can vote on all issues reserved to Westminster, but matters devolved to NI, Wales, or Scotland are voted on only by the relevant representatives in the Assemblies or Parliament. There are two solutions to this, but either would need action by the Westminister Parliament: (a) to create a devolved assembly for England, similar to that for Wales or Northern Ireland, which could meet separately from the Westminster Parliament: or (b) to rule that even within the House of Commons, MPs may only vote on matters relevant either to the whole of the UK or to the country within which they have their constituency.

These are obvious questions with obvious answers. It's much more interesting to discuss why the English feel they should be allowed to escape the tuition fees their government has imposed on them, by studying in a part of the UK whose government has *not* imposed tuition fees.

Wed, 2011-08-24 17:59 — David Grant (not verified)

We in England need an English Parliament consisting of
MPs for. english seats and sitting in Westminster.No Scots, Welsh or NI MPs.
Re tuition fees,the rest of the parts of the "UK"are able to afford reduced or even no fees.Perhaps these parts get a greater share of the "UK" cake than Englan does?
Some posters here seem to look upon England as a milch-cow from which they suck their sustenance.Believe me, those days are gone and anyone,including some idiotic English posters need to rethink their ideas. England "has had its day" -daft twat!

Wed, 2011-08-24 18:06 — Mac the knife (not verified)

It was obviously only a matter of time before this old chestnut came up. I don't know about Wales or Northern Ireland, but if you care to go to the ONS website, you will see that Scotland is a net contributer to what you call the UK cake. Any "sustenance" is being sucked from north to south, not the other way round.

Mon, 2011-08-22 14:29 — Pammie B (not verified)

The Human Rights Act doesn't come in here at all. Art 14 prohibits discrimiantion only in respect of the other rights under the Convention. The right to a free education is not one of those rights.

Please don't jump on the band wagon by chucking in the Human Rights Act at every opportunity and contributing to its poor reputation.

Mon, 2011-08-22 14:31 — demonax3

This will be the item that brings Independence for Scotland if Shiner has his way. Hope that is what he wanted.

Mon, 2011-08-22 14:56 — Jimbo (not verified)

The fact that this was a political decision rather than an economic one, the fact that Nick Clegg mentioned the state of the finances as a reason for the raising of fees when it wasn't really needs to be given more exposure. Our universities and the vast resources they hold should be centres for learning for the entire population with no link whatsoever to income. We need to open them up not put the lock down! there needs to be an alternative plan to the funding of education in this country. What we have now is merely going to ratchet up class rivalries and increase the gap, between those in the know and those who simply don't have the means to know...

Mon, 2011-08-22 14:57 — Jimbo (not verified)

My comment was solely in response to the final paragraph of this article, got carried away and forgot the article was about Scottish universities charging English students....

Thu, 2011-08-25 19:50 — Valeman (not verified)

Stuart Eels

"Why should a student in England incur such debts when the student population in the rest of the UK don't,"

Voting for the Tories maybe wasn't such a good idea after all, was it?

"why should an OAP when going into a Nursing home have to sell their home to pay for that care and lose all their savings whilst in Scotland they don't"

From the Saga website; "Care is not 'free' in Scotland.If you need to stay in a care home in Scotland then the state will cover your personal care and your nursing care (currently £149 and £67 per week respectively). However you will still need to pay for your accommodation costs, which usually constitute the lion's share of the total cost. Because Scottish care homes are unable to set the charge for personal or nursing care, we have seen the care home accommodation costs increase by 69% since 2002 when the new legislation was introduced, which compares to an average increase across the UK of 48%***.

"why is any Scottish MP entitled to vote on matters relating to England only"

There are very rarely any matters that relate only to England. The rest of us have to get by on a capped block grant while England is funded as the "UK". Therefore the vast majority of policy decisions made that may seem to concern England only, actually have an impact on the budgets of the other "UK" regions. In Scotland at least, we would happily trade the Barnett Formula for Full Fiscal Autonomy, but Westminster isn't keen.
I wonder why?

"but not on those same matters in their own back yard?"

Indirectly they do, as stated above, directly they can't as they are British MP's elected to Westminster. It just wouldn't be cricket for them to sit in Holyrood as well. I think only Donald Dewer and a few others managed that when the devolved parliament/executive was set up.

"Its got to be sorted and the easiest way would be to break up the UK, its past it."

Oh well, at least we agree on something!

PS: Did you Know that for every pound spent on prescriptions in England there is a reduction in the Scottish block grant?
Seems they're not quite free up here after all.

Thu, 2011-08-25 19:55 — Valeman (not verified)

Forgot to add re your reply to Mac the Knife.
Yes we are.

Mon, 2011-08-22 16:04 — Adam Hill (not verified)

I doubt the charging of tuition fees to English students is solely to prevent a massive influx of fee refugees. If preventing a migration were really the case then surely the Scottish system would have legislated to prefer Scottish students to English students of equal merit. It's money-grabbing by the universities as a reaction to cuts.

Tue, 2011-08-23 17:52 — Mac the knife (not verified)

So are we saying that students normally resident in England should be able to go to St. Andrews and study for free, whilst a student normally resident in Scotland, who gets to Oxbridge, will be clobbered for £9000 a year? That hardly seems fair either!

The EU agreement is one whereby students studying abroad are treated (with regards to fees) the way any other resident is ie go to Scotland and it's free, go to England and it's £9000 a year. Why should English universities be allowed to charge such huge fees to anyone, be they resident or foreign nationals, but expect English students to get a free education if they go anywhere but England.

Tuition fees of £9000 a year are an English problem caused by a government voted in by English people. Scotland and other EU nations value their education systems and investment in their youth far too much to price the majority of young people out of a university education. The fact that England doesn't is hardly Scotland's or any other EU nations problem - and this isn't about finances. Westminster could afford it, they just choose to spend it on a couple of weeks of athletics next summer.

Mon, 2011-08-22 16:31 — kenelm (not verified)

The SNP has shown the right response to higher education, and to many more issues. If I lived in Scotland, I would vote SNP, and vote for independence. England has, to be honest, had its day.

Tue, 2011-08-23 18:28 — Stuart Eels (not verified)

Jane Carnall

I would love the chance to elect a left wing party into power in our English Parliament but can't because we English are not even allowed to have a referendum on an English Parliament. Before you say thats the present governments's fault, Labour were in power when Scotland and Wales were given the referendums.
In the words of the then (Scottish) Attorney General "read my lips there will be no English Parliament!"

Mack the Knife

The original fees were introduced by a Scot, Blair, don't deny it, if his parents are Scots he's not Swedish is he. They were brought in in the UK Parliament see comments above, Call me Dave has now gone on to enhance that democratic deficiency as he does.