HC Deb 08 August 1893 vol 15 cc1549-50
MR. STANLEY LEIGHTON

I beg to ask the Vice President of the Committee of Council on Education by what Act of Parliament Clause 91 of the Scheme for Intermediate Education in the County of Merioneth is authorised; and whether the provisions of that clause are compatible with those laid down in Clause 16 of "The Endowed Schools Act, 1869," and are authorised by Clause 14 of "The Intermediate Education (Wales) Act, 1889"?

MR. ACLAND

This clause was approved by the Education Department substantially as received by them from the Charity Commissioners. The Department are not authorised to determine the legality of the provisions in this clause, which can only be determined by the Judicial Committee of the Privy Council; and in order that the question may come before the Judicial Committee it is necessary that the Scheme should first be approved by the Department. I may point out, however, that the clause in question is expressly made subject to the provisions of the clauses of the Endowed Schools Act, 1869, and the Intermediate Education (Wales) Act, 1889, mentioned in the question, so that in no case could it be operative except so far as it was authorised by those Acts.

VISCOUNT CRANBORNE

Will the right hon. Gentleman take steps to get the opinion of the Judicial Committee of the Privy Council on this clause? It appears to me to absolutely infringe the Act of Parliament.

MR. ACLAND

Anybody can raise the point.

* MR. STANLEY LEIGHTON

How can it be raised? If the clause is contrary to the Endowed Schools Act and the Welsh Intermediate Education Act it surely ought not to be put into a Scheme. Ought not its legality to be ascertained first?

MR. ACLAND

It is open to anyone who chooses to raise a legal question before the Judicial Committee of the Privy Council.

VISCOUNT CRANBORNE

And does the right hon. Gentleman suggest that a private individual should go to the immense expense of taking the case before the Privy Council in order to check the action of the Government?

MR. ACLAND

We have accepted the Scheme as legal, and it is for those who question its legality to raise the point.