§ MR. W. E. FORSTERasked the Vice President of the Committee of Council on Education, If he can inform the House what is the opinion of the Law Officers of the Crown with respect to the Keynsham case?
§ VISCOUNT SANDONWe have referred the question of the right hon. Gentleman, as to the legality of the action of the Department in this case, as he desired, to the Law Officers of the Crown, and they report that the Education Department, in refusing an annual grant to the Keynsham British School, have not acted illegally. But as doubts have been raised respecting the propriety of the action we have taken, without a special provision in the Code to that effect, the Government is of opinion that the Education Department, in administering the Parliamentary grant, ought to be distinctly empowered to exercise its discretion in order to prevent the multiplication of unnecessary schools, with a view to secure both economy and efficiency, especially in cases where a locality has already, at the bidding of the Department, put itself to the expense of providing the necessary school accommodation. We propose, therefore, to follow the precedent of the provision already made in the Scotch Code (Article 7. B);and we shall lay upon the Table of both Houses a Minute, which, in accordance with the rule which Section 98 of the Act of 1870 lays down with regard to school board districts, will secure that the practice of the Education Department shall be made uniform throughout the country in the case of schools where annual grants have not previously been made.
MR. W. E. FORSTER inquired, whether the noble Lord would have any objection to lay on the Table the Copy of the case sent tithe Law Officers of the Crown, and of their opinion upon it? With regard to the proposed Minute, he supposed that if it were laid on the Table now it would have no legal power unless the House continued to sit for another month.
§ VISCOUNT SANDONdeclined to produce a Copy of the Opinion of the Law Officers, because to do so would be contrary to custom. He was aware that the Minute could not become law till after it had been on the Table a month.