HL Deb 04 July 1878 vol 241 cc742-3
EARL GRANVILLE

desired to put to the noble and learned Lord on the Woolsack a Question, of which he had given him private Notice. The noble and learned Lord said, the other night, in answer to a Question addressed to him by his noble Friend (Earl Spencer), that the Government did not contemplate in the Bill the admission of female students to its advantages. He did not propose to discuss the question of the desirability of admitting women to its advantages; but he wished to know from the noble and learned Lord whether it was correct, or whether he had misunderstood him, that the Bill did not contemplate this admission of female students? He (Earl Granville) had looked through the Bill himself, and he had consulted competent authorities, and they were agreed that as the Bill at present stood there was nothing to prevent the Board, if they thought fit, from admitting women to the advantages of the scheme. In the Bill itself there was no general direction, and the word student was used, though it was true that in the Schedule the masculine gender was made use of. But this was of no consequence. He remembered that the authorities of the University of London were advised by the Law Officers of the Crown that, although their charters and regulations contained terms which were only applicable to males, they might be interpreted as applicable to females, if there was any prescription of the English University in favour of such interpretation. But there was now plenty of prescription in regard to schools, the Endowed Schools Commissioners having, in a number of cases, applied portions of endowments to the establishment of girls' schools. The point was, however, stronger as regarded an Act of Parliament. He believed the late Lord Brougham had laid it down that the feminine was to be included under the masculine in the construction of Acts of Parliament when there was nothing repugnant to it in the context. The 6th clause in the Bill also gave the Board power to alter at their pleasure, subject to an Address from either House of Parliament against their alterations, the rules in the Schedule. There was, therefore, nothing to prevent the Board, if they thought fit, so altering the Act as to make it applicable to women.

THE LORD CHANCELLOR

My Lords, the observations I made the other night were directed, not so much to the legal construction to be placed on the Bill, as to what were the intentions of the Government. Her Majesty's Government, in introducing the measure, intended that it should be for the promotion of the education of boys; and, as the noble Earl has said, the words in the Schedule are in the masculine gender. If, however, in the opinion of Parliament, the measure should be extended so as to include girls, Her Majesty's Government would desire to consider whether it would not be necessary to make some modification of the rules, and to consider also, whether the financial arrangements of the Bill being framed on the principle of providing only for boys, would not require some material alteration. I expect that to-morrow my right hon. Friend the Chief Secretary for Ireland will receive a deputation of ladies and gentlemen on the subject. Meanwhile, the question is under the consideration of Her Majesty's Government, and may probably lead to discussion "elsewhere." I hope the noble Earl will be satisfied with my statement. I should not like that any alteration should be made to the Bill until the question had been more fully considered.