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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 11 May 2025
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Displaying 708 contributions

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Education, Children and Young People Committee

Subordinate legislation

Meeting date: 7 June 2023

Graeme Dey

It is not an issue that I am alive to, but please bear in mind that I have been in post for about nine weeks.

Education, Children and Young People Committee

Subordinate legislation

Meeting date: 7 June 2023

Graeme Dey

I think you are talking about gaming the system.

Education, Children and Young People Committee

Subordinate legislation

Meeting date: 7 June 2023

Graeme Dey

That is not going to happen.

Education, Children and Young People Committee

Subordinate legislation

Meeting date: 7 June 2023

Graeme Dey

Ach—I am not going to be pinned down on a number. I think that we can all work out what a ballpark figure for a substantial increase would look like. I give an assurance that we will continue to look at the situation.

Education, Children and Young People Committee

Subordinate legislation

Meeting date: 7 June 2023

Graeme Dey

I am in no doubt that they will seek such an understanding, and we will provide it. That would only be reasonable.

Education, Children and Young People Committee

Subordinate legislation

Meeting date: 7 June 2023

Graeme Dey

I will bring in Magdalene Boyd to answer that question.

Education, Children and Young People Committee

Subordinate legislation

Meeting date: 7 June 2023

Graeme Dey

You are asking what additional pressure there will be. We estimate the numbers to be somewhere between 36 and 76. To put that in perspective, we are looking at pressure of somewhere between 0.03 and 0.06 per cent.

Education, Children and Young People Committee

Subordinate legislation

Meeting date: 7 June 2023

Graeme Dey

It is impossible to answer that, but we are always reviewing how we provide support. There are on-going processes that will follow from the regulations, so we will continue to look at the situation. Clearly, if there was a substantial increase, that would have to be taken on board.

Education, Children and Young People Committee

Subordinate legislation

Meeting date: 7 June 2023

Graeme Dey

Thank you for the opportunity to address you today regarding the amending regulations that are before you.

As I set out in my letter of 31 May, following a judicial review last year, the Court of Session declared that the long residence provisions in our education fees and student support regulations were unlawful.

Those provisions were originally brought in following a judicial review of the position in England by the United Kingdom Supreme Court, and with a view to providing students who had not been born in the United Kingdom and who did not have indefinite leave to remain, with the opportunity to access financial support when proceeding into further and higher education. Although the lengthy timescales associated with the long residence provisions drew criticism from the court, the position of offering full support to those who live in Scotland and regard it as their home, and who are therefore more likely to stay here after their studies and contribute to society, is a sound one.

At the conclusion of the judicial review proceedings, ministers committed to introducing amending regulations for the start of the 2023-24 academic year, to ensure that students who had made Scotland their home, or who resided in the country and wished to study in further or higher education, had parity of access to support with their school peers.

The Scottish Government launched a public consultation on the proposals in January 2023 and undertook stakeholder engagement, all of which helped to shape the proposals that are before the committee today.

The proposals expand the pool of students from a range of immigration statuses who can now be deemed as being Scotland-domiciled. That means that, for the purposes of being assessed for a home fee place with access to tuition fees and, in some instances, access to student bursaries and/or loans, all students—other than those from exempted groups—must now meet the same length of residence in the UK, which is three years, to access that support. That sets all potential students who have a lawful basis for residing in the UK or Scotland and who wish to proceed into further and higher education on a level footing with their school peers—bar some noted exceptions.

If the amending regulations were to be annulled, the substantive regulations would revert to our previous position on long residence, which would undoubtedly cause deep upset for many members of our communities who have made Scotland their home and wish to pursue further and higher education but would no longer be able to do so.

I look forward to discussing the regulations further and have my two most well-versed officials with me to assist with proceedings.

Education, Children and Young People Committee

Subordinate legislation

Meeting date: 7 June 2023

Graeme Dey

That is not captured by the regulations.