HC Deb 10 December 1902 vol 116 cc660-2
DR. MACNAMARA () Camberwell, N.

I beg to ask the Secretary to the Board of Education whether it would be competent for a local education authority under the Education Bill to make it a condition precedent to the aiding of a non-provided school that any one or more members of the teaching staff should be dismissed, or that their office or offices should be abolished; and, if so, whether such teacher or teachers would be eligible for the compensation to existing officers provided for under Clause 20 of the Second Schedule to the Education Bill.

THE SECRETARY OF THE BOARD OF EDUCATION (Sir WILLIAM ANSON,) Oxford University

It is a condition of the maintenance of a non-provided school by the local education authority that the managers should carry out the directions of that authority in respect, among other things, to the number and educational qualifications of the teachers and for the dismissal of any teacher on educational grounds. But the local education authority cannot require managers to break existing contracts, and the teachers in such schools would in any case be entitled to the notice of dismissal which is a term in their contracts of employment. So long as the terms of the contract are observed no case for compensation would arise.

DR. MACNAMARA

I beg to ask the Secretary to the Board of Education whether, if, immediately after the coming into operation of the Education Bill, a local education authority issued an order under Clause 7 (i) (a), to the managers of a non-provided school calling for the dismissal of a teacher or for the abolition of that teacher's office, that teacher would be eligible for the compensation to existing officers provided for under Clause 30 of the Second Schedule to the Bill.

SIR WILLIAM ANSON

The teacher would be entitled to the notice of dismissal provided for in his contract. There is no question of the abolition of an office; the teaching staff of a school must vary from time to time in correspondence with the requirements of the school. If the terms of the contract are observed no case for compensation would arise.

DR. MACNAMARA

Am I to understand that if the position of the voluntary school teacher is worsened by the operation of the Bill, he will not be eligible for the compensation provided under Clause 20?

SIR WILLIAM ANSON

There is no question of the voluntary school teacher involved. If he is under a contract with his employer, like the board school teacher, the conditions of the contract will be observed.

DR. MACNAMARA

Then he will not be eligible for compensation?

SIR WILLIAM ANSON

If his contract is observed there is no case for compensation.

DR. MACNAMARA

I beg to ask the Secretary to the Board of Education whether, if, immediately after the coming into operation of the Education Bill, a local education authority abolished the office of or ordered the dismissal of a teacher in a provided school, such teacher would be eligible for the compensation to existing officers provided for under Clause 20 of the Second Schedule to the Bill.

SIR WILLIAM ANSON

What I have said as to the teachers of a non-provided school applies equally to the teachers of a provided school.

DR. MACNAMARA

I am afraid the hon. Gentleman does not quite understand the purport of my question. I am taking a case in which the position of a School Board teacher is detrimentally interfered with or worsened by the operation of the Act. Will he be eligible for the compensation provided by Clause 20 of the Act?

SIR WILLIAM ANSON

If the contract with the School Board teacher is observed, there is no case for compensation I cannot understand that the position of any teacher will be worsened by the operation of the Bill, the object of which is to leave them exactly in the position in which it finds them. It does not interfere with their contracts.

DR. MACNAMARA

I beg to ask the Secretary to the Board of Education whether, in the case of a school rented by or lent to a School Board by denominational trustees, if, after the' passage of the Education Bill, that school be re-transferred to the said trustees and become thereafter a denominational school, and any teacher in the school, as a result of the re-transfer, be dismissed by the managers because of inability or disinclination to give denominational religious teaching, such teacher would be eligible for the compensation to existing officers provided for under Clause 20 of the Second Schedule to the Education Bill.

SIR WILLIAM ANSON

This question does not refer to any conditions created by the Bill. Such a re-transference could only take place under the provisions of Clauses 8 and 9 of the Bill. The managers of the denominational school would not be bound to take over the staff of teachers employed by the local education authority, and the local education authority would have to take care that the teachers whom it employed received the stipulated notice of the termination of their engagement, or compensation if the terms of the contract were not fulfilled.