THE Scottish Government is facing pressure to take action to resolve the growing confusion over university fees.
Opposition parties have called on Education Secretary Michael Russell to make an urgent statement on the issue.
The move follows revelations in The Herald yesterday that a legal loophole allowing thousands of people in other parts of the UK free university places in Scotland is more widespread than first thought.
Last week, it emerged students from Northern Ireland can avoid fees by taking dual Republic of Ireland citizenship and applying as EU students, which would result in them getting their fees paid under European equality law.
The Scottish Government played down the development, saying it would only apply to a small number of people.
However, the problem could be much more significant because anyone who has an Irish grandparent who lives in the UK can obtain an Irish passport and apply under the same loophole.
Nearly 625,000 people living in England and Wales claimed Irish ethnicity in the 2001 census, but as many as six million across the UK are estimated to have at least one Irish grandparent.
In some cases, UK residents with an Irish great-grandparent could apply for an Irish passport.
The children and grandchildren of other European nationalities, such as Italians and Eastern Europeans living in England and Wales could also use the same loophole.
Under new legislation, students from England, Wales and Northern Ireland must pay fees of up to £9000 a year to attend Scots universities, while Scots students pay nothing.
However, the loophole raises the prospect of a flood of applicants from around the UK.
Liz Smith, the Scottish Conservative education spokeswoman, said: "There have been growing concerns and confusion about who is eligible to have their fees paid for by the Scottish taxpayer and who is not.
"Mike Russell must clarify this situation urgently – it clearly cannot be allowed to continue any longer.
"There are considerable implications amid this confusion both for the student body and the public purse and the Scottish Government has been sending mixed messages."
Hugh Henry, education spokesman for the Scottish Labour Party, said: "It is the inevitable conclusion to an ill-thought through policy by the Government.
"Mike Russell urgently needs to clarify the situation and provide the solution which he promised us many months ago.
"The response to date is feeble. The Scottish Government is still saying the issue is being raised with the EU, but we have been hearing this for months – universities and students need answers now."
A Scottish Government spokesman said: "Students who hold dual-UK and EU nationality have been able to apply for fee support as non-UK EU nationals at Scottish universities for a number of years, but there is no evidence to suggest this has ever happened on a significant scale or that it is likely to.
"Eligibility for claiming nationality varies by state and it is for the student to prove they hold EU nationality before the relevant date.
"We closely monitor application trends and are prepared to act if it appears that issues such as this are arising and 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."
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