This item was published during the term of a previous administration that ended in April 2007

Listen
Further and Higher Education Bill passed
20/04/2005
The Parliament today approved the Further and Higher
Education (Scotland) Bill whose primary aim is to merge the
two separate funding councils for colleges and
universities.
Lifelong Learning Minister Jim Wallace welcomed the
prospect of greater collaboration between institutions,
easier movement between sectors by students and increased
benefits for Scotland's economy and society.
The Bill will give students access to the Scottish
Public Services Ombudsman, and recognises the needs of
students in legislation for the first time. Academic
freedom will be extended to colleges, and also to staff in
further and higher education.
Powers in the Bill will also allow Ministers, with the
approval of Parliament, to set higher fee levels in order
to protect the interests of Scottish students.
With the introduction of higher top up fees in the rest
of the UK driving an increase in demand for places in
Scottish universities, Scottish Ministers may need to act
to make sure that Scottish students are not disadvantaged.
Eligible students ordinarily resident in Scotland will
continue to have their fees paid for them.
In subjects where there is particularly high demand, the
Bill also gives Ministers powers, again with the approval
of Parliament, to set a different fee level for certain
subjects.
Ministers are currently consulting on the possibility of
using this power for medicine. Such decisions will be made
on the basis of robust evidence and extensive
consultation.
Mr Wallace said:
"This is a major step forward in delivering a more
effective and efficient tertiary education system - one
which provides the very best for students, staff and
institutions.
"One funding body will make decisions for both sectors -
encouraging collaboration between institutions, making
movement between sectors easier for learners, and ensuring
that coherent decisions will be made to maximise the
benefit gained from record levels of investment. Our
spending on colleges and universities is set to top £1.6
billion by 2007/08. This reflects Ministers' belief that
our colleges and universities are critical in meeting
Scotland's economic and social needs.
"The other benefits of the legislation are also
significant. These include steps to help secure the
charitable status of colleges, to protect academic freedom,
and to ensure a 'joined-up' approach between the new
Scottish Further and Higher Education Funding Council and
other public bodies. It will also recognise the needs of
students in legislation for the first time and give them
access to the Scottish Public Services Ombudsman.
"I believe this is a strong piece of legislation which
will serve those in both sectors well over the coming
years."
On fees, the Minister said:
"The provisions on fees are just one part of this Bill,
but I recognise this is an important, and sometimes
emotive, issue. Eligible students domiciled in Scotland
will continue to have their fees paid and I announced in
January a generous increase and extension of bursary
provision.
"However, the introduction of variable top up fees in
the rest of the United Kingdom has created a situation
which requires a response. Doing nothing is not an option.
Recent figures suggest that demand for places from the rest
of the UK are already increasing in anticipation of
variable top up fees. To ensure that Scottish-domiciled
students continue to have fair access to study in Scottish
universities, Scottish Ministers have had to act.
"In medicine, the situation is even more acute. However,
I believe the detailed measures set out in our recent
consultation paper on fees are an appropriate response to a
very real problem."
The Executive's consultation paper on fees was published
on 5 April. The consultation period ends on May 30.