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Today’s banner
Near Commonwealth House (HQ of the Games) – just in case anyone goes hungry
Photograph by
Islay McLeod
Free education for
Scottish students is
commercial genius
Morag McCracken
I’m not a racist and I’m not a bigot, but in certain circumstances I believe it is justified in Scotland to discriminate against people from the rest of the UK.
In the current academic year students from England, Wales and Northern Ireland who study in Scotland contribute £1,820 each year towards their education. Under the Education (Fees) (Scotland) Regulations 2011, Scottish universities will be able to charge students from the rest of the UK up to a maximum of £9,000 per year. From 1 August 2012, all Scottish universities will increase their fees, seven of which will charge the maximum of £9,000. Scottish students will continue to be able to study in Scotland for free.
The Equality Act 2010 prohibits direct discrimination in relation to protected characteristics. One of those characteristics is race, which includes ‘nationality’. A provision is discriminatory if it is applied to someone who does not share the same characteristic and if it puts that person at a particular disadvantage. The application of this prohibition would appear clear-cut: charging students of one nationality higher fees than students of another nationality is discriminatory.
However, as with all clever legislation, the application of the provision can be side-stepped. If it can be shown that a provision, criterion or practice is a proportionate means of achieving a legitimate aim, it is not discriminatory.
The aim is to maintain the provision of free education for Scottish students. In my view this is a legitimate aim. Scotland has a long history of provision of free public education which the Scottish people have indicated remains fundamentally important to them. In the devolution referendum of 1997, nearly 75% of the electorate voted ‘yes’ to establishing a Scottish Parliament to represent Scotland’s interests. Education is a devolved power and the current government has fought particularly hard to keep access to higher education free. The abolition of fees for Scottish students was central to the SNP’s manifesto in their 2007 campaign and they were quick to implement the policy when they came into power. The party’s subsequent success in 2011 when they were re-elected by a landslide majority speaks for itself, or rather, speaks to the satisfaction of the electorate.
The means of achieving the aim are proportionate. Scottish universities must increase their revenue. Education is an industry. It requires a steady stream of income to fund successful marketing strategies, a glossy prospectus and a modern students’ union to attract rich and intelligent UK and overseas students. The profit gained from this increased revenue is fed back into providing a quality education for all, and a free education for Scottish students. If this simple business plan was put to the ‘Dragons’ Den’, I’m sure they’d recognise its commercial viability.
It is more likely that students who have studied in Scotland will secure
jobs in Scotland and contribute to the labour market, resulting in growth
of the Scottish economy.
Morag McCracken works in the legal profession. This award-winning
paper was delivered at the recent Young Scotland Programme
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