HC Deb 30 November 1916 vol 88 cc488-9
16. Mr. O'DONNELL

asked the Chief Secretary whether the Irish National Board of Education has threatened with dismissal Irish teachers who were given the commission of the peace by the Lord Chancellor if they attempt to act in any way in that capacity; whether any such order applies to English teachers who have been so appointed; what is the explanation for this conduct of the Board; and whether he proposes to take any action in the matter?

Mr. DUKE

The Commissioners of National Education consider that the performance of the duties of a magistrate by teachers is inconsistent with Rule 88 (a) of the Code. This rule provides that teachers are not permitted to carry on, or engage in, any business or occupation or to be members of any association tending to impair their usefulness as teachers. The Commissioners accordingly, at their meeting of 10th October, 1916, made the following order: That those national teachers who have accepted appointments to the Commission of the Peace be informed that the Commissioners, consider the. performance of the duties of a magistrate by a national teacher to be inconsistent with the requirements of Rule 88 (a) of the Code, and they require that such teachers must not adjudicate as magistrates in order to be eligible for continued recognition as national teachers. I have no information as to the practice: in England.

Mr. MAURICE HEALY

Does the right hon. Gentleman consider it decent that one Department of the Irish Government should appoint a man, a magistrate, and another Department threaten to dismiss him if he exercises the duties of the position?

Mr. DUKE

The appointment of magistrates is in the hands of the Lord Chancellor, who exercises his discretion with which the executive does not interfere. The decision as to whether particular duties are or are not consistent with the exercise of the functions of teaching is in the province of the Commissioners of National Education. It is entrusted to them by Statute, and so far as I know, only a new Statute could control that.

Mr. O'DONNELL

May I ask whether this decision has been come to by the Commissioners solely in the interests of education or is it actuated by other motives, and why is it that in England and Scotland teachers are eligible for these positions?

Mr. T. M. HEALY

Can the right hon. Gentleman say when it was decided that the position of magistrate was a business or occupation?

Mr. DUKE

I have told the House all I know of this particular decision. I have read to the House the Order of the Commissioners of Education in Ireland on which the present practice proceeds. If there is a desire to challenge the Order they can raise the question as to whether it is a legal Order or not.

Mr. M. HEALY

Is not the obvious course, if this Order is an absurdity, that the Order should be altered?

28. Mr. DILLON

asked the Chief Secretary whether his attention has been called to the action of the National Board of Education in dismissing Mr. Michael O'Donoghoe, third assistant of the Six Mile Bridge National School, county Kerry, on the 30th December, 1915, on account of two quarters of insufficient average attendance; whether this action was contrary to their rules; whether the Board, recognising the injustice committed, cancelled Mr. O'Donoghoe's dismissal on the 24th July last; whether the Board subsequently withdrew from their order reinstating Mr. O'Donoghoe, and again dismissed him; and whether, seeing that the average required for third assistant in this school, although insufficient in ordinary times, is sufficient according to the war times rules, he will request the Board to remedy this injustice?

Mr. DUKE

I am informed by the Commissioners of National Education that it was not they, but the manager of the Six Mile Bridge National School who is responsible for withdrawal of recognition and payment from Mr. O'Donoghoe. A full statement of the particulars has been furnished me, and I shall be happy to communicate it to the hon. Member.