No legislation needed for top-ups

Opponents fear an elite tier for the affluent

No new legislation would be needed if the government decided to bring in higher tuition fees.

There are lots of other ways that the government can skin students and their parents

Phil Willis, Liberal Democrat

The controversial subject of getting students or their families to pay more for their university education has split the Cabinet.

In its election manifesto, the government pledged not to introduce top-up fees - meaning during this parliament.

But the idea is being studied, together with that of a graduate tax, as a way of meeting the shortfall in university funding.

An announcement is expected in January.

Regulations

Analysis of the Teaching and Higher Education Act 1998 suggests no new legislation would be needed to increase tuition fees from their present level of £1,100.

Under the act the education secretary has the power to vary the tuition fees, and this is done each year by way of regulations.

However, the matter does have to go before parliament for approval, so the government would not be spared what would no doubt be a spectacular Commons row, with stiff opposition from its own benches.

The Department for Education would not comment on the provisions of the act, saying it did not want to pre-empt the results of the review of student support due in January.

A spokesman said: "We are going to bring forward detailed proposals in January. The government will stick to its manifesto commitment."

Distinctions

The Liberal Democrats' education spokesman, Phil Willis, agreed the government would not need fresh legislation to increase tuition fees.

He said: "Approval of the Commons and the Lords would be needed but the matter would not even need to go to the floors of the house, it could be done in committee."

Mr Willis believes the government plans to raise tuition fees in the lifetime of this parliament, because he said Labour's manifesto commitment was against top-up or "differential" fees, as distinct from higher tuition fees.

Top-up fees, he said, referred to different universities' being free to charge different fees for their courses.

"There are lots of other ways that the government can skin students and their parents in the current framework and people should not be so naive to think the only issue in town is top-up fees," Mr Willis said.

Paving the way

The Conservative education spokesman, Damian Green, has also said he does not believe further legislation would be necessary to increase fees.

Labour wants more people to go to university

Earlier, it was reported that ministers were considering introducing legislation in the current session of parliament which would enable top-up fees to be brought in after the next election.

Government sources said ministers wanted to be ready to bring in top-up fees after the next election because financial pressures on universities meant the government had to act quickly.

Ministers apparently believe waiting until after the next election could mean it would take up to seven years to get new fees in place.

Divisions

Some institutions have considered fees as high as £15,000, but others talk of what they say are more realistic figures of £3,000 or £4,000.

Critics believe it would be wrong to prepare the way now, even if the payments did not start until the next parliament.

The issue is likely to continue to be explosive for the government, with Clare Short dismissing new fees as a "really bad idea" and Chancellor Gordon Brown thought to favour a graduate tax instead - the Scottish system.

Clare Short is an implacable opponent

Dozens of Labour MPs, including former Cabinet member Frank Dobson, have already signed a motion condemning the idea of bringing in top-up fees.

The opposition have accused the government of hyping the debate on fees to soften people up - preparing the public for paying more for higher education.

Open debate

On Monday, Tony Blair met vice-chancellors from six universities at Downing Street to discuss various options for dealing with the funding gap in higher education.

The Conservative's education spokesman Damian Green said the whole debate should be brought out into the open.

"If Tony Blair is taking such a close personal interest it is up to him to set out a range of options so we have a public debate rather than one happening behind closed doors," he said.

The Liberal Democrats' spokesman Phil Willis said the government could not afford to wait until after the next election before tackling the "ticking time bomb" in university funding.

"It has to produce something in this Parliament or go into the next general election in an almighty mess," said Mr Willis.