HC Deb 17 March 1892 vol 2 cc1057-8
DR. CAMERON (Glasgow, College)

I beg to ask the Lord Advocate whether the attention of the Scottish Education Department has been called to the judgment of the Court of Session pronounced last week in the case of the Provost of Port Glasgow against the Port Glasgow School Board, in which it was declared that that Board, declared by the Returning Officer in terms of Article 13 of General Order of the Department, dated 1st October, 1890, to have been elected, was, in fact, not duly elected, and that the Article in question was inconsistent with the provisions of the Scottish Education Act of 1872, and ultra vires of the Department; whether it is proposed to withdraw the Article in question; and whether Government intend to make any compensation to the members of the School Board for the expenses to which they have been put through their observance of the Order of the Education Department which the Court of Session has pronounced illegal?

SIR C. J. PEARSON

It is the case that in an action raised by certain ratepayers in Port Glasgow against the School Board, to which the Department were not parties, the second division of the Court of Session held by a majority that a regulation made by the Scotch Education Department, and acted upon without challenge for 15 years, was beyond the powers of the Department. Lord Young dissented, and held that the Department had acted within their powers under the Education Act. The position of matters as affected by the decision referred to is now engaging the attention of the Department. No delay which can be avoided will take place in arriving at a decision as to the proper course of procedure, and in announcing that decision. But, pending further consideration of the matter, I think it better to refrain from making any further statement.

DR. CAMERON

Can the right hon. Gentleman say whether the Education Department will order a new election to take place at Port Glasgow?

SIR C. J. PEARSON

That is one of the matters under consideration.

DR. CAMERON

I will put a question on the point to-morrow.