Advice PaperMarch 2014

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Scotland’s Educational and Cultural Future:a response to the Scottish Parliament’s Education and Culture Committee

(14 –03)

Theme1:Further andHigherEducation1 Howcurrent immigrationpolicies impact on

ScottishUniversities’ and colleges’ ability toattract and retain international students

Current immigration policies are detrimental toattracting international students. The removalof the post-studywork visa (PSW) has beenespecially detrimental. Scotland piloted PSWinitially, under the banner of the ‘Fresh TalentInitiative’, and this provided international studentswith the opportunity to pursue awork placementafter their period of study. There has been ademonstrable drop in the numbers of internationalstudents since this schemewas abandoned; inparticular students from India and Pakistan,where opportunities to gain postgraduateworkexperience are highly valued as away for studentsto enhance their studies. Figures from theHigherEducation Statistics Agency showed a decline inthe numbers of students coming to HigherEducation institutions in the UK from India of 23.5%between the academic years 2010/11 and 2011/12.Therewas also a decline of 13.4% in the numberscoming fromPakistan, and 4% in the numberscoming fromSaudi Arabia1. When Australiatightened its own immigration policy, universitiesthere saw a serious decline in internationalapplicants. In recognition of this adverse affect,Australia has since reversed these policies.

The reduction in the number of internationalstudents also has a knock-on effect onthe reputation of Scottish universities asinternationally-leading research institutionswith partners across theworld. Currentimmigration policies are inconsistent withdiplomatic and trade efforts beingmade by the UK.TheUK ismaking a lot of effort with India,forexample, as a potential business and

trade partner, but these efforts are beingundermined by immigration policieswhich preventmany Indian students from studying here.The detrimental impact of current immigrationpolicy on international applicants is somethingwhich needs to be addressed.

The RSEWorking Group on Scotland’s EducationFuture recommends that, in order to redress someof the detrimental affect of current immigrationpolicies, international students are ensuredworkplacements as part of their programs of study.Thesework placements could be undertakenwithinthe time frame of existing student visas, but wouldincrease the value of international studentexperiences by enabling them to gainworkplacement experience in the UK. An increase inthe number and length of work placementson postgraduate programs could be facilitatedthrough the Scottish Funding Council.

The current visa arrangements involve a heavyadministrative burden on the generality of UKhigher education institutions, for whomabuses ofthe arrangements for admitting internationalstudents are quite simply not an issue. They alsodamage the reputation of UK higher educationinstitutions in themarkets they compete in.TheWorking Group therefore recommends thatthe UK policy be changed so that controls arefocused on institutionswhere they are relevant,allowing universitiesmore freedom to facilitateand support the visa applications of their highlyqualified international students. TheWorking Grouprecommends that the Education and CultureCommittee look at the immigration policiesof Australia, New Zealand and Canada, in light oftheir relaxation of immigration rules in orderto attractmore international students. The revisedpolicies of these countriesmight provide examplesof the types of policy that the UK could pursue.

1 Higher Education Statistics Agency, Non-UK domicile students 2011/12

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2 The social, cultural and financial contributionsmadeby international students

Economic benefits

Scottish universities have a strong track record forattracting international students. In 2011/12, 13%of the total student body in Scotland comprisedinternational (non-EU) students, comparedwith12% for the rest of the UK. The financial contributionmade by these students is worth an estimated £337million every year in fees, and £441million inoff-campus expenditure2. However, the valueof international students goes far beyond thefinancial contribution theymake. The QAA identified“global citizenship” as a key feature of 21st-Centuryhigher education under its enhancement theme‘Graduates for the 21st Century’. Global Citizenshipis described as ‘encouraging a capacity to thrive in aglobalised society and economy, and an awareness ofcultures beyond and different to one’s own’. The skillsand abilities associatedwith Global Citizenship arealso valued by employers, with 79%of businessleaders saying that knowledge of thewiderworld isimportant when recruiting, and 85% saying that theyvalue employeeswho canworkwith colleaguesand partners froma variety of cultures andcountries3. The internationalisation of Scottishuniversities through the attraction and retentionof international students helps to achieve the goalof Global Citizenship, and has the potential tomakegraduatesmore globally and culturally aware, andthereforemore employable. Scottish universitiesare currently demonstrating success in this area,with 73%of undergraduate students fromScottish universities saying they felt they had an‘international outlook’ when surveyed by theBritish Council, comparedwith 63%ofundergraduates in England.4

Social andCultural benefits

In recognition of the importance of GlobalCitizenship, Scottish Universities have prioritisedthe internationalisation of their curricula as awayof ensuring that the potential benefits of a diversestudent body are fully realised. Internationalisationbrings cultural diversity and opportunities forincreased integration between home andinternational students. Of the 1,000 universitysocieties active in Scotland, 150 are focused around

specific nationalities, religious affiliations or culturalidentities. Several of these are specifically aimed atincreasing integration, for example INTERSOC(International Society) at the University ofAberdeen5. Figures from the International StudentBarometer indicate that integration between homestudents and international students has beenincreasing; international students’ satisfactionwith ‘host friends’ (i.e. friends fromScotland) hasrisen bymore than ten percentage points in the lastsix years to a satisfaction level of 74 per cent.6

The social and cultural benefits associatedwith aninternational student body reach beyond theuniversity and into the local community.International students are keen to integrate intoand engagewith the local communities inwhichthey live and study. Projects and volunteeringschemes in Scotland provide opportunities forinternational students to share their culturalheritage through public engagement. One suchexample is the intention by Heriot-Watt Universityto workwith the Scotland China EducationNetwork(SCEN) and students fromChina in order to teachMandarin to Primary 1 classes in East Lothian.The integration of international students also takesplace through the hosting of cultural events;for example, the celebration of the ChineseNewYear in cities around Scotland.

With the increased Scottish Government focus onwidening participation, there aremore studentscoming to university for whomextensive travel orstudy abroadmay not be financially viable. For thesestudents, the internationalisation of home universitycampuses provides the opportunity for gaining aglobal perspective and achieving the goals of globalcitizenshipwithout the prohibitive costs of travel.

Benefits for Teaching andLearning

The internationalisation of Scottish Universitycampuses also has benefits for the experienceof students, and for the learning and teachingconducted at universities. Teaching and learningwithin an international academic environmentincreases opportunities for critical thinking,and harnesses newunderstanding, by bringingtogether different perspectives on both coursecontent and learningmethodologies.

2 Universities Scotland (2013) Richer for it: The positive social, cultural and educational impact international students have on Scotland

3 Think Global & British Council (2011) Global Skills Gap: Preparing young people for the new global economy.

4 Think Global & British Council (2011) Global Skills Gap: Preparing young people for the new global economy

5 Universities Scotland (2013) Richer for it: The positive social, cultural and educational impact international students have on Scotland

6 Universities Scotland (2013) Richer for it: The positive social, cultural and educational impact international students have on Scotland

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In addition, a large number of postgraduate coursesin particular depend upon demand frominternational students, andwould have to close iftherewere no international postgraduate studentsapplying. This is particularly the casewith courses inScience and Engineering.

‘Soft power’

International alumni act as ambassadors for ScottishUniversities and Scottish values after they completetheir studies. Many such alumni feel strong links tothe countries inwhich they studied. Themain sourcecountries for international students in Scotland for2011/12were China, the US, India, Nigeria andMalaysia7, whichmaps closely to Scotland’smainexportmarkets. Encouraging international studentsto come to Scotland therefore contributes toScotland’s ‘public diplomacy’ and generates positiveinternational perceptions of Scotland as a nation.

3 Howchangingpolicy on visas for internationalstudents could affect: universities and tuition feeincome; theplaces available toScottish, rUKandEUstudents; andpublic funding requirementsfor colleges anduniversities

University and tuition fee income

The reputation and success of Scotland’s Universitiesdepends on the quality of the students they admit tocourses and the quality of the teaching, learning andcultural experience that they are able to provide.This quality is diminished if toomuch focus is placedon the quantity of international students. Theworking group accepts that a significant proportionof the tuition fee income of Scottish Universities isgenerated by international students – over one half(51.7%)8. However, at present theWorking Groupfeels that the universities are getting things aboutright with regard to the numbers of internationalstudents they accept. Increasing the numbersof international students simply to generate a higherfees income is not a sustainable approach, and theWorking Group does not support changes in the visaregime directed solely at this end. Instead, itcommends amore positive approach, bywhichUniversities could increase the quality of experiencefor international students, and thereby continue toattract applications fromoverseasmarkets, bypromoting and developing the social and cultural

openness of their campuses andmakinginternational students feel welcome and at home.This includes sustaining diverse, internationalcampuses, but also enabling international studentsto experience Scottish culture and to learn alongsideamix of home and international students.

Places available to Scottish, rUKandEUstudents

International students are not funded by the UKGovernment, so they do not compete for placeswith Scottish, rUK or EU students. They aretherefore not at risk of taking places from thesestudents. The numbers of places available forScottish, rUK and EU students are set separately,and are not impacted upon by the intake ofinternational students. The potential impactof increasing numbers of international studentsis therefore on resources, rather than places.The focus should be on delivering a balancebetween attracting enough international studentsto generate a fees income and to deliver a rangeof postgraduate courses, without reducingthe capacity of universities to deliver highquality teaching.

4 The legal basis onwhich rUKstudents arecurrently charged tuition fees

Theworking group is satisfied that there is anaccepted legal basis for Scottish institutionscharging rUK students tuition feeswithin theUnited Kingdomas it stands.

5 Whether, and if so how, that legal basiswouldchange in theevent of Scotlandbecominganindependent country

Theworking group is unsure as towhat the legalbasis for Scottish universities charging rUKstudents’ feesmight be in the event of Scotlandbecoming independent.

One of the founding principles of the EU is equalityofmobility betweenmember states, and theWorkingGroup anticipates that an independent Scotlandseekingmembership of the EUwould be expected tooperatewithin and honour this political will. Thegroup is aware that EU law prohibits discriminationon grounds of nationality (Article 18 of the Treatyon the Functioning of the EuropeanUnion – TFEU)and seeks to promote freedomofmovementwithinthe EU (Article 21 TFEU).

7 ESRC Centre for Population Change, Briefing 13, September 2013

8 ESRC Centre for Population Change, Briefing 13, September 2013

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Charging rUK students feeswhilst allowing studentsfromother EUmember states free attendance atScottish universitieswould not be in keepingwith theprinciples of equality andmobility. This does notimply that an independent Scotland could not chargerUK students, but that itmay encounter challengesif it seeks to charge rUK studentswhilst allowingScottish students and those fromother EUmemberstates free tuition.

Universities Scotland obtained advice fromAndersonStrathern Solicitors about residency requirementsfor student fees, which has since been published.9

This advice sets out how indirect discriminationmight be allowed, provided itmeets strict criteria, andif theseweremet it could provide a justification foran independent Scotland to continue charging rUKstudents’ tuition fees.We note this advice also states‘rUK students will require to be treated no differentlyfrom other EU students in a post-independent Scotlandand if we are able to retain the ability to charge rUKstudents then the situation for EU students will requireto change’.

There is, however, neither unanimity nor consensusamong legal authorities on the issue of tuition feesin the event of independence.We have alsoconsidered the opinion of ProfessorNiamhNicShuibhne of the University of Edinburgh School ofLaw, which, we understand, has been submitted tothe Committee as evidence to its Inquiry. ProfessorNic Shuibhne says, inter alia:

[It] is clearly stated [in the White paper ‘Scotland’sFuture’] that the Scottish Government would ‘continueto support access to higher education in Scotland forstudents from elsewhere in the EU in accordance withour support for student mobility across Europe’ (p200).On the previous page, however [T]he [Scottish]Government … asserts that it will ‘maintain the statusquo by continuing our current policy of charging fees tostudents from the rest of the UK to study at Scottishhigher education institutions’. It is difficult to see howthese competing objectives can be reconciled underEU law.

And:

… [The] Scottish Government would face an extremelysteep uphill battle to convince the EU institutions that itshould be entitled to retain a practice involvingsystemic direct discrimination against one particularcohort of EU citizens.

Weare, on balance,more persuaded by the opinionthat suggests that it would be very difficult forScottish universities to justify charging RUK studentsin the event of independence.9

The likely basis onwhich the Scottish Governmentcouldmake the case that there are sufficientlyexceptional circumstances to justify singling out rUKstudents for tuition fee charges, is that ScottishUniversitieswould be at risk of being swamped byapplicants from rUK –which is amuch larger thanScotland – should it remove tuition fee charges torUK students. The outcome of any challenge to thispositionwould depend uponwhether it was vieweda reasonable and justifiable claim by the Europeancourts.

On the basis of the difficulties described above, theScottish Government should exercise prudence inplanning how, and towhom, it intends to chargetuition fees in the event of independence.

A final point to consider is the increase in theavailability and quality of fully online postgraduatecourses, which removes the need for studentsphysically tomove to the location of their choseninstitution. Alongwith the success of ContinentalEuropean universities in attracting overseasstudents to courses delivered in English, and therapid improvement in Higher Education institutionsin the countries fromwhich UK universities currentlyattract international students, UK universities shouldadopt a forward-looking policy on higher educationwhich should take account of these emerging trends,as it has implications both financially and culturally.

Additional Information andReferencesAdvice Papers are produced on behalf of the RSECouncil by an appropriately diverseWorking Groupinwhose expertise and judgement the Council hasconfidence. This Advice Paper has been signed offby the General Secretary.

Any enquiries about this Advice Paper should beaddressed to the RSE’s Consultations Officer, ElizabethHemsley (Email:evidenceadvice@royalsoced.org.uk)

Responses are published on the RSEwebsite(www.royalsoced.org.uk).

The Royal Society of Edinburgh, Scotland's NationalAcademy, is Scottish Charity No. SC000470

Advice Paper (Royal Society of Edinburgh) ISSN 2040-2694

9 Anderson Strathern Solicitors (2013)Note for Universities Scotland Re Residency Requirement for Student Feeshttp://www.universities-scotland.ac.uk/uploads/briefings/Note%20for%20Universities%20Scotland%288025053_v4%29%20DOC%288033180_3%29.pdf

10 See legal opinions by Professor Paul Beaumont, FRSE, and NiamhNic Shuibhne:Professor Paul Beaumont: The Scottish Governments Position on the Relationship Between an Independent Scotland and the EU,www.scottishconstitutionalfutures.org, Opinions and AnalysisNiamhNic Shuibhne: University Fees and rUK students – the EU Legal Framework, www.scottishconstitutionalfutures.org, Opinions and Analysis