THE bill empowering Scottish ministers to raise tuition fees for students from south of the border will be fiercely contested at Holyrood this week.

In a bid to offset an expected inf lux of students seeking to escape top-up fees in England, the law would see students from south of the border pay higher fees in Scotland - particularly for medical schools.

The SNP has tabled a raft of amendments to the Higher and Further Education (Scotland) Bill which will receives its stage 3 reading on Wednesday.

"The idea that we want to stop students at the border is ludicrous, " said Fiona Hyslop, SNP education spokeswoman.

"I find the anti-English aspect of (these) proposals abhorrent.

"I cannot see why English visitors to our country should be treated with any less respect than visitors from anywhere else in the European Union."

An executive spokesman said this was "a well-considered solution to a very real problem". He added: "These powers are there for a reason - ensuring that Scottish-domiciled students continue to have fair access to study in Scottish universities. We cannot stand still in the light of variable fees being introduced in England, and recent evidence on crossborder f lows of students bears this out.

"It would be irresponsible not to take action. Ministers will be able to set a higher fee level for all students, or in exceptional circumstances, set a different fee level for some subjects such as medicine. This will only happen after full consultation and the express approval of parliament."

To put the minds of wavering back benchers at rest, Jim Wallace, minister for higher education, will accept a specific "super assent" amendment from Mike Pringle, the Liberal Democrat MSP.

Seconded by Labour's Richard Baker, it will establish a series of hoops ministers would have to go through to gain parliamentary approval to exercise the power.

However, Ms Hyslop said:

"The SNP is taking a principled position on this bill. Ability to learn and not ability to pay should be the principle that determines policy in education.

It's also apparent that we are building up a problem of debts for graduates, and we have to tackle that debt generation, we have to remove that drag on the economy of Scotland."

She added: "Scotland has to be looking outward with confidence and convincing people to stay here, not putting up barriers at the border."

The Lothians MSP said the problem of doctor retention could be tackled in other ways and, referring to the executive drive to attract skilled immigrants, added: "The Fresh Talent initiative is supposed to encourage people to come here, but these proposals are driving in entirely the wrong direction.

"This measure from Jim Wallace is an unresearched, unsubstantiated knee-jerk response to the introduction of top-up fees in England. Devolution should be about Scottish solutions to Scottish problems, not about blindly following what Tony Blair does."