Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Written Question · S1W-03935 · Session 1

What legal advice it has had as to whether the Cubie recommendations do or do not breach EU law and whether there is a possibility of the r…

Answered Asked by Lord James Douglas-Hamilton Con Lodged 25 Jan 2000

The question

To ask the Scottish Executive what legal advice it has had as to whether the Cubie recommendations do or do not breach EU law and whether there is a possibility of the recommendations being legally challengeable.

The answer

Answered by Henry McLeish on 8 Feb 2000 · 14 days after it was lodged, on time

The Scottish Executive has considered the legal implications of the Cubie recommendations. It has concluded that, were these recommendations to be implemented, there would be a serious risk of the UK being held to be in breach of EU law, insofar as these recommendations extended to Scottish domiciled students attending institutions in other parts of the UK. The Executive's own proposals which have just been announced are accordingly restricted to Scottish and EU students attending institutions in Scotland.

In the Official Report

No contribution in the Official Report cites S1W-03935 by reference.