THE DEPARTMENT of Education has instructed third-level colleges to put new students on notice they may be liable for new fees from next year.
Students will be told of their potential liability for fees when they register for the first time next month.
Most third-level students already pay a registration charge of about €1,500.
In a letter circulated by the Higher Education Authority (HEA) on behalf of the department, college presidents have been asked to inform all new students, as part of their induction, that third-level fees may be reintroduced in the 2010 academic year.
The department hopes this move will help to avert any legal challenge by students to a new fees regime.
Minister for Education Batt O’Keeffe has said current third-level students would not be liable for any new loans or fees regime.
However, he insists the new fees or loan regime will apply to those beginning college next month.
The department has been advised that any legal challenge to the new fees regime is less likely to succeed if students are alerted to the possibility of increased charges at registration.
The legal view is that it is not possible to impose a new regime on existing students who had a reasonable expectation of proceeding through college without the burden of new charges.
Next month the Cabinet is expected to consider a 100-page option paper circulated to Ministers by Mr O’Keeffe.
While the Minister supports a new student-loan scheme, no option – including a return to “upfront” fees – has been ruled out until the Cabinet signs off on the issue.
Last night USI president Peter Mannion said it was “appalling that this Minister has pre-empted his colleagues’ feedback just weeks before they are due to submit their views on the reintroduction of third-level fees”.
In his letter, HEA chief executive Tom Boland tells college presidents how the Minister has circulated a review of available options to members of Cabinet in advance of possible future Government consideration of policy decisions on the issue.
“Incoming students in the 2009/2010 academic year should now be on notice that in the event of a Government decision to introduce a new form of student contribution from a future point in time, any such arrangements are liable to apply, from that time, to students who enter higher education this year.”
Mr Mannion said the letter suggests that the Minister has already made up his mind to reintroduce fees without hearing the views of Cabinet.
He said it was grotesque that thousands of students, as part of their induction to college, would be burdened with the anxiety that they could be facing crippling debt in the near future.