HC Deb 16 October 1918 vol 110 cc187-91

(1) The expenses of an education authority (including the expenditure incurred by school management committees in the performance of their duties and approved by the authority) shall be paid out of the education fund of the education area, which shall come in place of the school fund referred to in Section forty-three of the Education (Scotland) Act, 1872, and of the district education fund referred to in Section seventeen of the Education (Scotland) Act, 1908. There shall be carried to the education fund all money received as Grants from the Department, or raised by way of loan, or transferred to the education authority under this Act, or otherwise received by the education authority for the purposes of that fund, and not by this Act or otherwise specially appropriated, and any deficiency in that fund, whether for satisfying present or future liabilities, shall be raised by the education authority as hereinafter provided.

(2) Every education authority shall annually ascertain the amount of such deficiency, and, unless and until Parliament otherwise determine in any Statute amending the law of rating in Scotland, shall allocate and apportion the same among the parishes comprised in the education area, according to their respective valuations in the valuation roll, and shall, not later than the twelfth day of June in each year, certify to the parish council of each such parish the amount so allocated and apportioned thereupon, and the parish council may and shall impose, levy, and collect the same within such parish, under the name of "education rate," in the manner prescribed by Section thirty-four of the Poor Law (Scotland) Act, 1845, with respect to the poor rate, and along with, but as a separate assessment from that rate, and shall from time to time as they collect it, pay over the amount collected to the education authority, without any deduction on account of the cost of levying and collecting the same; and the laws applicable for the time being to the imposition, collection and recovery of the poor rate shall be applicable to the education rate. Provided that in parishes where no poor rate is levied, or where the poor rate is imposed otherwise than in the manner prescribed by Section thirty-four of the Poor Law (Scotland) Act, 1845, the education rate shall nevertheless be imposed, levied, and collected by the parish council in the manner prescribed by that Section.

Sir G. YOUNGER

I beg to move, in Sub-section (1), to leave out the words "or otherwise received by the education authority for the purposes of that fund."

I am moving this Amendment in order to inquire what will be the position with regard to special allotments of money to schools for the purpose of benefaction in the interests of certain classes. I have before my mind a case in Banffshire of a certain benefaction paid to a school in the interests of children on a certain estate. There is also another authority in Banff—I thing it is called the Bursary Committee or something of that sort—to provide special teachers for certain subjects. It is quite obvious that the words which I propose to omit seem very wide in their application. It would almost appear that they would entitle these special sums to be calculated in arriving at a deficiency on the education fund and to be diverted from the purpose for which they were originally given. I can hardly think that that is contemplated, and I should be glad to know whether or not it is so, and how benefactions of that kind stand under the provisions of this Clause.

Mr. PRINGLE

I beg to second the Amendment.

8.0 P.M.

Mr. MUNRO

If I understand aright the question of my hon. Friend, what he wants to be satisfied about is that where there are benefactions with special local destinations they shall not be affected by the provisions of this Clause. I do not apprehend any danger whatever of that, and, as I am advised that that is so, I think that my hon. Friend may accept my assurance on that point.

Sir G. YOUNGER

Does not the right hon. Gentleman think that words may be required to make that clear?

Mr. MUNRO

I shall have the matter carefully examined, and if words should be necessary to make clear what I think, and I am advised, is clear as the Clause stands, they shall be inserted in another place.

Amendment, by leave, withdrawn.

The following Amendment stood on the Paper in the name of Mr. PRINGLE:

To leave out Sub-section (2), and to insert instead thereof the words: (2) Each education authority shall annually ascertain the amount of such deficiency and, in the case of the scheduled burghs shall certify to the town council of each such burgh the amount thereof, and, in the case of other areas, shall apportion and allocate the same among the burghs and county or counties constituting an education area, according to their respective valuations In the valuation roll, and shall not later than the twelfth day of June in each year certify to the town council of each burgh and the county council of each county the amount of such deficiency, and the town council and county council shall impose, levy, and collect the same within such burgh or county, respectively, under the name of education rate, and shall from time to time as they collect it pay over the amount collected to the local education authority without any deduction on account of the cost of levying and collecting the same:

  1. (a) In a county, excluding a burgh, the education rate shall be imposed, levied, and collected by the county council in like manner and under the like powers as, but as a separate assessment from, and without the limit applicable to the public health general assessment;
  2. (b) In every burgh the education rate shall be imposed, levied, and collected in like manner and under the like powers as, but as a separate assessment from and without the limit or abatements applicable to the public health general assessment."

Mr. SPEAKER

The next Amendment which stands in the name of the hon. Member for North-west Lanark appears to me to alter the existing law with reference to the incidence of rating.

Mr. PRINGLE

On a point of Order. I submit that the Amendment which I propose does not alter the law of rating. It merely suggests an alternative method of dealing with this subject of rating. In a previous Bill dealing with this subject the method of levying the rate was dealt with in a different way, and this does not change substantially the law. It merely determines which of the existing methods of levying a rate is to be applied for education purposes under the Bill.

Sir G. YOUNGER

Undoubtedly this imposes a very serious charge on certain classes of the community. At present under the system of rating proposed under the Bill there are deductions made from rentals of certain classes of property, factories, railways, etc., which entirely disappear if the Amendment of the hon. Gentleman is accepted. Therefore a very large charge indeed would be imposed on such companies as railways and gas companies if the change were made. I submit that the proposal is quite out of order.

Mr. DUNDAS WHITE

I submit that there is in this no proposal to increase the amount of the charge. The amount of the charge would be the same in either case on whichever basis the rate were levied.

Sir G. YOUNGER

Not on the individual.

Mr. WHITE

The question I submit is whether the rate should be levied in the same way as the poor law rate which is raised by the parish council, or whether it should rather be analogous to certain rates which are raised by county councils, and I submit that as there is no increase in the charge, and it is merely a question as to which of two systems, both of which are in operation now, should be adopted, this Amendment is in order.

Mr. SPEAKER

The change of system surely would affect the individual. Some would pay less rate and others would pay more. If that is so we cannot deal with it under this Amendment.

Mr. MUNRO

I beg to move, in Subsection (2), to leave out the words "not later than the twelfth day of June in each year," and to insert instead thereof the words "annually on or before a date to be fixed jointly by the Department, and the Local Government Board for Scotland."

Under the existing Education Acts the date prescribed is the 12th June in each year, but more time may be required under the arrangements of this Bill. The later the date the more convenient for the education authorities, and the earlier the date the more convenient for the parish council. It is not easy to fix a date which will satisfy the requirements of both these authorities, and the proposal which is embodied in this Amendment is to leave a duty to the Department who will safeguard the education authority, and to the Local Government Board who will protect the interests of the parish council. There can be no fear of conflict because the Secretary for Scotland is bead of both these Departments.

Amendment agreed to.