The whole story is, by the way, based on an anonymous statement by a person of unknown seniority and training, which is misrepresented by the next person quoted (after a quick non-sequitur injected by the journalist):
A Scottish Government spokesman confirmed that nationality not residence was the key when it came to defining an EU student, and that anyone with an Irish passport living in the UK could apply for free tuition.
Students in Northern Ireland have dual nationality and can opt for Irish passports.
Cathy Moore, chair of the Careers Teachers’ Association, said: “The Scottish Parliament has said if you have an Irish passport and live in Northern Ireland and provide that, (Irish passport) you are eligible to have the fees paid.”
The reason it is not discriminatory is is that anyone who meets the qualifying criteria can get this perk.
Jesus wept.