HC Deb 17 November 1893 vol 18 cc1141-2
MR. STAN LEY LEIGHTON (Shropshire, Oswestry)

I beg to ask the Vice President of the Committee of Council on Education, with reference to the statement in the Memorandum issued by the Education Department, 9th March, 1893— That whore fees and charges for books in the determining school year exceed 10s. a head the managers are at liberty, under the Act of 1891, to go on charging fees up to the amount, of that excess, hut that all charges for books must he included in these fees; will he explain how this statement can be reconciled with the statement contained in Form 167 published immediately after the passing of the Education Act of 1891— That where the average rate charged and received in respect of fees and books and for other purposes during the school year ended last before 1st January, 1891, was in excess of 10s., the acceptance of the grant will not restrict the liberty of managers to charge a reasonable sum for books in the future, but such charges must be kept distinct from school fees; and if he will state the view of the Department on the subject?

MR. ACLAND

Since an agreement with the Audit Department, which was confirmed by the Public Accounts Committee of this House in 1892, and subsequent to the issue of the Form of 1891 referred to, the Education Department has held that a charge for the use of books is a fee, and the definition of school fee was accordingly enlarged in the Code of 1892, so as to make this clear. It, therefore, became necessary to modify the Form which had been issued in 1891, and an amended Form was issued in February, 1892. I do not, therefore, undertake to reconcile the two Forms mentioned. But I would point out that the right of a parent to obtain books for the use of his child in school does not depend on the Act of 1891, but on the Code of Regulations (Articles 8 and 85(a)), and that, long before the Act of 1891, the Department held that the refusal of a parent to provide books for his child was not a reasonable ground for the exclusion of the child from a school.

MR. STANLEY LEIGHTON

Do I understand that there are two distinct constructions of the Act of 1891, one allowing these fees to be charged and the other not allowing the charge? Which is the right one?

MR. ACLAND

It depends on the managers of the schools.

MR.STANLEY LEIGHTON

Then the Act does not restrict the liberty of managers to charge a reasonable amount for books?

MR. ACLAND

Yes; and in consequence of that doctrine the late Vice President modified the form in the way I have indicated.