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Scottish university fees system branded ‘a farce’ as Northern Irish students look to exploit loophole

Alanah Jenkins holds her passport after a long queue at the passport office in Dublin.
Alanah Jenkins holds her passport after a long queue at the passport office in Dublin.

Hundreds of Northern Irish applicants to Dundee University are hoping to exploit a bizarre loophole and avoid paying tuition fees by switching to an Irish passport, The Courier has learned.

The Scottish Government’s tuition fee policy has come under fresh fire after an education source revealed around one in five applicants from the province have indicated they will claim Republic of Ireland citizenship to avoid fees of up to £9,000.

The development which is likely to be repeated in other institutions across the country is the first proof that Scotland’s complicated university fees structure could be set to unravel.

There has been concern that the situation, which has come about in part due to European law, could have a direct impact on the funding of Scottish universities.

The loophole results from the fee system introduced by the SNP Government which allows EU citizens to study in Scotland for free, but charges other UKstudents up to £9,000 a year.

European law stipulates EU students outside the UK must be treated as locals, meaning Scottish students and EU students pay no fees, while students from Wales, England and Northern Ireland pay thousands of pounds.

The controversial policy has already been branded ”discriminatory” by opposition MSPs.

Education Secretary Michael Russell has blamed the situation on the UK Government’s decision to charge tuition fees in England, and insisted there is no evidence that Northern Irish applicants are exploiting the loophole.

However, the figures obtained by The Courier show hundreds of Northern Irish students applying to Dundee University this year are claiming to be eligible for free tuition as they hold an Irish passport.’Head in the sand’Everyone born in Northern Ireland is eligible for a Republic of Ireland passport under the terms of the Good Friday Agreement.

Dundee is a particularly popular choice for students from Northern Ireland, making up more than 5% of the city’s large student population.

Labour’s Dundee-based MSP Jenny Marra has demanded clarity on the situation.

”Twenty per cent of current Northern Irish applicants to Dundee are trying to get in with their Irish passports to avoid the fees,” she said.

”The SNP’s fees arrangement for the rest of the UK is fast becoming a farce as predicted.”

She added: ”Mike Russell can’t bury his head in the sand any longer.

”He needs to give the universities clarity so they know what they should do in this situation.

”Northern Irish students are too important to the universities in Dundee and to our city for this uncertainty to continue.”

The confusion was also attacked by Tory education spokeswoman Liz Smith, who warned it would have implications for the way universities are funded.

She said the rest of the UK fees provided significant revenue for Scottish universities, and it is not clear how any shortfall would be made up.

”Apart from that, it is discriminatory,” added the Mid Scotland and Fife MSP, who has already written to the education secretary on the issue.

”Michael Russell has a responsibility to put in front of parliament exactly what the policy is and explain the criteria for tuition fees.”’Not a new situation’Meanwhile, it emerged those attempting to exploit the loophole could end up missing out on a university place.

Part of the application process requires a student to state whether they are applying for a rest of the UK or a Scottish/EU place with a strict cap on the numbers of each.

”If they are accepted by the university on the basis of living in Northern Ireland a rest of the UK place and they then try to present themselves as a Republic of Ireland citizen, they could fall foul of the caps that are in place and find that the university is obliged to withdraw the offer of a place,” said a government source.

A Scottish Government spokeswoman maintained it had yet to see ”any evidence” that Northern Irish students were exploiting the loophole.

She added: ”We have made clear we are closely monitoring applications and trends and will take action if necessary.

”Students with dual UK/EU nationality have been able to apply for fee support at Scottish universities for the past 10 years, so this is not a new situation.

”We are also exploring the introduction of an EU management fee, within the bounds of EU law, with the issue recently being raised with the EU commission.”

A spokesman for Dundee University said it would report details of this year’s applications to Universities Scotland in due course.