Scottish independence: Unions call for clarity over post-Yes tuition fees
Scottish independence: Universities Scotland call for clarity over post-Yes tuition fees
(about 3 hours later)
Bodies representing university students and staff have called for more clarity from the Scottish government on post-independence tuition fees.
The body that represents Scottish universities has called for more details on charging tuition fees to students from the rest of the UK after independence.
The Scottish government has said it could continue to charge students from the rest of the UK after a "Yes" vote.
Prof Pete Downes, from Universities Scotland, was giving evidence to Holyrood's education committee.
But unions, and Universities Scotland, have said ministers must provide legal certainty that the plan is viable.
He said he would like to see how the Scottish government would ensure it complied with European law.
The Scottish government said it would ensure "clear arrangements" would be put in place.
Students from other EU countries are entitled to free tuition in Scotland.
The call came ahead of a Holyrood committee inquiry into higher education and the implications of either a "Yes" or a "No" vote in September's referendum on independence.
The Scottish government has said it could continue to charge students from the rest of the UK if there was a "Yes" vote in September's referendum.
The Scottish Parliament's Education and Culture Committee will question representatives of students' union NUS Scotland and the University and College Union (UCU) which represents academics and lecturers.
Students from Scotland are entitled to free tuition at Scottish universities but students from the rest of the UK (RUK) are charged fees of up to £9,000 a year.
In a written submission to the committee, NUS Scotland said: "Currently, Scotland is not able to charge tuition fees to students from other EU members, but is able to charge tuition fees for students from England, Wales and Northern Ireland.
Any move to continue charging tuition fees to students from England, Wales and Northern Ireland after independence is expected to face a challenge under European law.
"This is because EU law does not allow discrimination across member states (of which the UK is one), but does allow it within member states."
White paper
'Continually opposed'
The Scottish government said that Scottish universities could be overwhelmed by students from the RUK if they had to be given free tuition too.
NUS Scotland argued that the Scottish government's plan to continue to charge students from the rest of the UK to study in an independent Scotland could be open to legal challenge in the European Court of Justice if both countries were EU members.
In its White Paper on independence the Scottish government proposed continuing with the current arrangements.
NUS Scotland said it opposed "the principle and practice of charging any student to study, regardless of background or domicile."
But opponents of independence claimed this might be impossible because students from the remainder of the UK would need to be treated in the same way as those from other EU countries.
The submission continued: "As such, we have been continually opposed to the decision to allow Scottish universities to charge up to £9,000 fees to students from the rest of the UK in any given academic year."
If tuition fees continued for RUK students, the policy would almost certainly face a challenge under European law, which could take years to resolve.
The students' union also said it was concerned about how an independent Scotland could manage "cross-border demand" for student places, as did Universities Scotland, which will also give evidence to the committee.
Complicated legal advice for Universities Scotland, which represents 19 universities, argued that it might be possible to continue with fees in very specific circumstances - essentially to avoid the universities system in Scotland becoming "distressed".
The group, which represents Scotland's 19 universities, said in its own written submission: "If there is a vote for independence, we believe it is essential that prior to independence day the Scottish government is able to give institutions robust legally‐defensible certainty that a regime will be in place which enables a sustainable level of cross‐border flow."
Prof Downes said he was not calling on the government to publish its own legal guidance but would like more details of the arguments they would use to provide an "objective justification" for continuing with the current arrangements on fees.
Universities Scotland said it had obtained legal advice which suggested that there was a possible legal basis within the EU for an independent Scotland to continue to charge fees to students from England, Wales and Northern Ireland if it could give an "objective justification".
Scottish government figures suggested ministers expected between 20,000 and 90,000 students from the rest of the UK could move north if they were able to get free tuition in Scotland.
The Scottish government would need to prove to the European Commission that fees were necessary to avoid the university system becoming "distressed".
Tuition fees
Scotland's Deputy First Minister, Nicola Sturgeon, has argued that not charging students from other parts of the UK risked "crowding our own students out".
The government said this could help provide the justification it needed to continue with fees.
'Exceptional circumstances'
A Scottish government spokeswoman said: "The Scottish government enabled universities to charge students from the rest of the UK tuition fees for one key reason: the introduction of fees of up to £9,000 per year elsewhere in the UK.
UCU Scotland said: "We do note the legal view sought by Universities Scotland suggesting that there may be a basis for an objective justification.
"If we had not taken this step, available places for Scots-domiciled students could have reduced dramatically. Our priority remains to protect places for Scots-domiciled students and ensure that access to education is based on ability, rather than the ability to pay.
"It is our view that the Scottish government should more clearly indicate its position.
"The Scottish government will ensure that clear arrangements compliant with EU requirements are in place for the higher education sector to ensure a smooth transition to independence."
"It cannot be left to non-government sectoral bodies alone to seek the answers to such critical questions."
In a written submission to the committee, NUS Scotland said it opposed "the principle and practice of charging any student to study, regardless of background or domicile".
The UCU, NUS Scotland and Universities Scotland have all said they are taking a neutral position on independence.
The students' union also said it was concerned about how an independent Scotland could manage "cross-border demand" for student places.
A Scottish government spokesperson said: "The Scottish government enabled universities to charge students from the rest of the UK tuition fees for one key reason - the introduction of fees of up to £9000 per year elsewhere in the UK.
"If we had not taken this step, available places for Scots-domiciled students could have reduced dramatically. Our priority remains to protect places for Scots-domiciled students and ensure that access to education is based on ability rather than the ability to pay.
"The requirements of the EU allow for objective justification - that is clear evidence of exceptional circumstances."
The spokesperson added: "The Scottish government will ensure that clear arrangements compliant with EU requirements are in place for the higher education sector to ensure a smooth transition to independence."
The Education and Culture Committee can be watched live from 9.30am at BBC Scotland's Democracy Live.
