§ MR. CALDWELL (Glasgow, St. Rollox)I beg to ask the Lord Advocate whether his attention has been called to a letter, addressed by the Secretary of the 1631 Scotch Education Department on 27th of September last, to Mr. C. Jamieson, a member of Forfar Burgh School Board, in which it is stated that—
In view … of serious risk that, as now conducted, it (Forfar Academy) may in some particular be found to contravene the provisions of the Code, my Lords are strongly of opinion that such a resolution should he adopted,that is, a resolution by the Forfar School Board converting Forfar Academy into a higher class school; in what particular, if any, has Forfar Academy been conducted in contravention or alleged contravention of the Code; whether, and when, the Forfar Burgh School Board were informed thereof; if he will explain what are the circumstances referred to in the letter from the Secretary to the Clerk of the School Board, dated 21st of September, 1889, which create the "grave doubts" in the minds of the Scottish Education Department as to the propriety of considering the academy as a school entitled to share in this Grant, i.e. the Probate Duty Grant, and whether, and when, these have been brought under the notice of the School Board; whether, inasmuch as the question of converting an existing parish school into a higher class public school is left by Statute to be determined on the initiative of the School Board, the Scotch Education Department have any power to compel School Boards to take such initiative whether the Scotch Education Department can refuse payment of any Grant which is lawfully earned by compliance with the Code, in respect of any non-compliance, or alleged non-compliance, with conditions outside of the Code; and if not, whether he will explain the note appended by the Education Department to the Inspector's Report of Forfar Academy, 9th of May last—That before Grant is paid to any part of the school next year, my Lords must, of course, be satisfied that the conditions attached to any payment under the Endowed Scheme recently before Parliament have been fulfilled;and under what authority the Scotch Education Department are acting in bringing this pressure to bear on Forfar Burgh School Board?
§ THE LORD ADVOCATE (Mr. J. P. B. ROBERTSON, Buteshire)I am acquainted with the terms of the letter addressed to Mr. Jamieson on September 27 last by the secretary to the Scotch Education 1632 Department. The question of the status of the Forfar Academy has long been matter of discussion, and, looking to the position and organisation of the school, the endowment which it enjoys, and the conditions imposed in connection with a Grant made under a recent scheme of the Educational Endowments Commissioners, the Department felt it right to point out the risk which they believed existed that the higher department of the school might fail to fulfil the conditions of the Code either in regard to school fees or otherwise, and thus forfeit grant. On educational grounds the Education Department agreed with the view that the higher department of this school should be made a higher class school under Section 62 of the Education Act of 1872. The initiative as to this rested with the School Board, who have, I understand, adopted this view. The Department had no power to bring pressure upon the School Board except by drawing attention to the conditions under which the Parliamentary Grant is distributed. Before paying Grant the Department must be satisfied that the conditions of the Code and the provisions of the Education Acts are complied with, and in connection with this they would have to inquire whether the conditions upon which a certain sum is contributed to the school under the Endowment Scheme sanctioned by Parliament are fulfilled.