The issue of university top-up fees is contentious

Critics said the government had a major struggle getting the order through the Commons and accused it of behaving in an "overbearing" and "arrogant" manner.

Peers backed an amendment regretting that ministers had not given the people of Northern Ireland a say on the issue.

Lord Glentoran said: "Northern Ireland should have its own right and time to make its own decisions on top-up fees."

The Conservative spokesman said there were strong feelings about the matter in the House.

"It is proven when a government with a majority of 200 in the Commons could only get its legislation with a majority of five, supported by Scottish MPs to whom it didn't apply," he said.

All the parties in Northern Ireland are agreed that this is an unwanted, unworkable piece of legislation Lord Molyneaux of Killead Ulster Unionist

"I believe that it would be wrong of this government, it would be overbearing and arrogant for Mr Gardiner MP (Barry Gardiner, Northern Ireland Under Secretary) to say we are going to enforce this on Northern Ireland now come what may."

Leader of the House Baroness Amos said the legislation was tailored to reflect the specific needs of Northern Ireland.

"The proposals will make higher education free at the point of access and fair at the point of repayment," she said.

"No student or parent will have to pay any fees before or while studying at university and graduates will only have to repay once they start earning over �15,000 and then at a very reasonable rate linked to their income."

Lord Dearing (cross bencher) who chaired a government review of higher education funding in 1996 backed the introduction of fees.

He said higher education was not available to everyone but did confer "very real advantages" to those who went to university.

Global reputation

Lord Maginnis of Drumglass (Ulster Unionist) urged the government not to price students out of universities in Northern Ireland.

"I think it is great that due to their global reputation for excellence, our universities, Queen's and the University of Ulster, attract students from the four corners of the globe," he said.

"That is good for our economy, good for our prestige, but I implore government to ensure our own students are not priced out of this market, due to the very excellence and demand for places by the world's brightest youngsters."