Conservative Party leader Michael Howard yesterday attacked the Government for contravening rules on political advertising on radio.

At PMQs, Mr Howard raised the issue five times with the Prime Minister.

Mr Blair said the Tories were more interested in discussing radio adverts than higher education.

Mr Howard questioned the Government’s radio advert outlining the ins and outs of university top-up fees, a policy that may prompt a backbench rebellion in the New Year.

He told MPs the advertisement was “a flagrant breach of the Government’s own rules,” as it was broadcast without the legislation being approved by Parliament.

The radio advert informs students they do not have to pay back their fees until they were earning GBP15,000.

The ad says the Government has set a freephone number for would-be students to get hold of an information pack.

Mr Howard called on the minister responsible for the “breach” to resign as the rules did not allow advertising of policies which had not become law.

In a letter to the Commons speaker, Education Secretary Charles Clarke said the ad was aimed at reassuring potential students about the costs of higher education.

The ad has already been cleared by the independent regulator.

Mr Clarke said the ad does not break Government rules on publicity.

The Tory education spokesman Tim Collins said the ad was “an abuse of taxpayers’ money.”