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Dublin: 13 °C Wednesday 22 May, 2013

Students to take appeal against grant reforms to the Supreme Court

One of the three students who sought the original judicial review has since dropped out of college due to grant reforms and is planning to emigrate.

File Photo: USI holds funeral procession to mark the 'Death of Education in Budget 2012' in November 2011
File Photo: USI holds funeral procession to mark the 'Death of Education in Budget 2012' in November 2011
Image: Photocall Ireland

THE MINISTER FOR Education and the Chief State Solicitor’s Office have been served with notice of a Supreme Court appeal against the dismissal of a judicial review sought by three students against reform of the grants system.

The review was dismissed at the High Court in April when Justice John Hedigan ruled in favour of the Minister for Education.

The minister had defended the proposals and Hedigan agreed with the minister, finding that the economic difficulties being experienced by the State had greater significance than the legitimate expectation which the students had about the status of their grants.

The students had claimed that changes to the grants system were in breach of Section 6 of the Student Support Act 2011.

The section outlines that students who are already in receipt of the maintenance grant should “continue to receive the grant concerned until the person has completed that course and he or she shall not apply for a grant other than the grant of which he or she is in receipt”.

The changes to the grant system last year increased the distance that students must live from their education institution from 24km to 45km in order to receive the higher ‘non-adjacent’ rate. The USI estimates that around 25,000 students are affected by the changes.

President of the Union of Students of Ireland Gary Redmond tweeted about the Supreme Court appeal this afternoon:

Students supported by USI have served Min for Ed with notice of a Supreme Court appeal of unfair and unjust 60% reduction in student grants.

Redmond told TheJournal.ie that after examining Justice Hedigan’s judgement and evaluating it, they received “strong legal advice” that the judge was “mistaken in his interpretation of Section 6″.

Redmond also said that the action is now being taken on behalf of two students rather than three, as the third has now dropped out of college as a result of a reduction in his grant, and is now planning to emigrate.

The minister for education’s use of the country’s economic circumstances as a reason to implement changes to the grant system was “concerning” according to Redmond. He said:

We can’t have a minister making a decision which is held up in court, based on economic circumstances.

Redmond had previously said that the costs of pursuing an appeal would be a deciding factor in whether or not one was sought, but that the students’ legal counsel had successfully argued that both sides should pay their own High Court costs.

He also said that a solicitor’s firm in Cork had agreed to take on their case “at cost”, significantly reducing the fees involved. He added that there is a possibility that going to the Supreme Court may result in the students and the USI being ordered to pay full costs.

High Court dismisses students’ appeal against third-level grant reforms>

Column: Cutting grants isn’t just bad for students, it’s bad for Ireland>

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Comments (13 Comments)

  • A loan system would be a disaster and has been in countries where its been implemented. It would lead to the creation of a debt generation and greater emigration of skilled workers in an attempt to avoid paying back their debts.

    Where will the money come from? You could have started with the 2.25Billion that was paid to AIB Bondholders today. Debts which were incurred BEFORE the bank was even nationalised. Bloody joke.

    Reply
    • John F 28/05/12 #

      I dont believe a loan system would be a disaster, in fact if every student had to pay it would make them value the course a bit more and push themselves harder now that they’re a making a financial investment in their education. The present system is unfair where some have access to free fees and monthly/quartely maintenance and others get absolutely no assistance! Granted I dont think it would be fair for somebody from a wealthy background to get free fees but just because your parents are wealthy, it doesn’t automatically mean they want to fund your education. Also a lot of students who come from families with low/moderate who are very close to the income threshold for getting a grant get absolutely nothing and these are the ones who suffer most! A universal loan system would put all students on a fair and equal footing!

      Reply
    • John F 28/05/12 #

      *low/moderate incomes

      Reply
  • a loan system would be terrible. firstly the banks probably don’t have the cash, secondly it will send out the message that education is expensive therefore putting up barriers to those in lower social economic areas, thirdly it suggests students are the only ones to benefit from 3rd level education, the fact is everyone does, its the main reason the high skilled tech pharma companies come here. also graduates generally earn more in their work lives and therefore pay high rates and more tax, so to end we already pay for it so a loan or grad tax is unfair. its not present students fault those before us had to pay loans back. also fair play to SUI for going further with this the changes were grossly unfair, and the grant system needs real reform not cuts for the sake of them

    Reply
    • John F 28/05/12 #

      Ideally the loan system would be run by the state and interest free to all potential students in the state. The state is already paying for fees and it would also discourage people from doing courses unless they we’re seriously committed to making a go of it and it would cut down on the mentality of going to college for the craic – showing up once a week disrupting lectures and just making enough of an appearance so you can still collect you’re monthly/quarterly grant cheque!

      Reply
  • A complete and utter waste of USI subscribers’ money – if subscribers are indirectly paying part of the action, that is (strangely, though the USI seems to be ‘sponsoring’ or ‘supporting’ the case, we don’t even know that).

    Mr Justice Hedigan, in the High Court said that the ‘perilous’ state of the national finances made such measures as reducing grants, etc, necessary.

    Why do the USI/students expect the SC to overrule this?

    Besides the absolutely massive cost of arguing a case before the highest court in the land, and the remotely thin likelihood that the case will succeed, couldn’t any citizen make the same ‘legitimate expectation’ argument that: we had a legitimate expectation that water charges would not be introduced; that a household charge would not be introduced, etc, etc.

    Yet more proof that USI chooses to happily ignore the dicey state of the broader economy in favour of pushing their narrow government-must-fund everthing mantra.

    Reply
  • John F 28/05/12 #

    Ah Boo Hoo, Some of us had to take out massive loans to put ourselves through college and weren’t lucky enough to avail of free fees and maintenance from the state!
    The college grant scheme in this country badly needs to be overhauled a long time. All students, regardless of background, should be given equal access to loans by the state interest free which they can pay off over an agreed term when they graduate/drop out , similar to UK/US way, this would put all students on an equal footing and discourage people from enrolling in degree programs simply because its free! 3rd Level Education is a privelage, not a right!

    Reply
  • I don’t know anyone who went in to collect a grant cheque, mainly because it makes no sense considering the dole would be wort more. also the state couldn’t afford to lend money to students at 0% because it would make the books look bad. also I see no reason why we cant have exchequer funding with a clause that says if you fail to complete a course for no liget reason such as transferring course or personal problems etc. then you pay a fine for every year you did. that way we don’t put more pressure and debt on the graduates who will pay though tax anyway and those very very small minority who do abuse the system for the “craic” will have to pay. also it won’t put people off because its still free at the point of access.

    Reply
    • John F 29/05/12 #

      Believe me Luke, it happens all too frequently (by a minority of course). There are people out there who enroll in courses just for the sake of it, because their friends are going to college and also for the status of been a student and to be party of the student scene – Partys, Rag week etc. If there was a cost associated with attending it would cut down on these sort of attendees and also in my view greatly reduce high drop out rate of first years in some courses.
      Im not sure what point you are arguing? Do you think 3rd Level should be free for everybody or just some? What I would like to see is a system that provides equal access to 3rd level education for everybody and treats all students fairly!
      You mention that the government cannot afford to loan money to students, however, the state (we the taxpayer), are already paying for fees for all 3rd level students in Ireland. Those who are lucky enough to recieve a grant do not have to pay registration whereas those who dont must pay this (approx €2,000 per year)

      Reply
    • John F 29/05/12 #

      *part

      that should be part not party! :)

      Reply
  • Will they ever learn. They lost in the High Court, they voted in the USI referendum (or whatever it was called) to keep full fees and now they want to bring an even more costly case to the Supreme Court. Is it really worth it? Who will be ordered to pay the costs? Though the High Court ruling seemed flakey, I do look forward to the judgement in this case.

    Reply

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