HC Deb 30 April 1907 vol 173 c704
MR. ALFRED HUTTON (Yorkshire, W.R., Morley)

I beg to ask the President of the Board of Education whether the repeal of Section 16of the Education Act of 1870 by the Education Act of 1902 has the effect of depriving the Board of Education of any power to interfere in the case of infringements of the Cowper-Temple clause by local education authorities; and, if so, what remedy is provided for such infringement.


The repeal of Section 16 deprives the Board of Education of the power to decide what constitutes an infringement of the Cowper Temple clause, and they have, therefore, now no authority to interfere unless and until a competent Court has decided that a local education authority has contravened the statute. The remedy would seem to lie either in an application to the auditor to disallow any items of expenditure which may have been incurred in the giving of instruction prohibited by the Cowper-Temple clause or in an application to the Court for an injunction.