HC Deb 14 July 1971 vol 821 cc472-3
8. Mr. Robert Hughes

asked the Secretary of State for Scotland if he will make a statement on the implications for the General Teaching Council (Scotland) of the Lords of Appeal decision in Mallochv. Aberdeen Corporation.

28. Mr. Russell Johnston

asked the Secretary of State for Scotland what consideration he has given to the consequences upon the Joint Teaching Council of the judgment in favour of Mr. Malloch.

The Under-Secretary of State for Health and Education, Scottish Office (Mr. Edward Taylor)

While the decision in this case does not appear to have any implications for the General Teaching Council, I am, of course, studying the judgment in detail. I am, however, advised that it remains a requirement of the Schools (Scotland) Code that teachers holding permanent appointments in education authority and grant-aided schools should be registered with the Council. So far as concerns this particular teacher, I have nothing to add to the reply given on 8th July to the hon. Member for Glasgow, Shettleston (Sir M. Galpern).—[Vol. 820. c. 452.]

Mr. Hughes

Will the hon. Gentleman acknowledge that it is vital that the full implications of the decision are clarified by his Department and the Law Officers, and that advice is then given to local authorities on their precise position? Will he now give a categorical undertaking that he gives his wholehearted support to the General Teaching Council, which is something he did not do when in Opposition?

Mr. Taylor

I do not think there has ever been any question about this Government's support for the Council. I do not see any further implications, but I am studying the judgment very carefully.

Mr. Johnston

Does that mean that the hon. Gentleman is saying clearly that membership of the Council remains mandatory rather than permissive, and that Mr. Malloch won his judgment because of a technical error by the Aberdeen education authority?

Mr. Taylor

That appears to be the position on the face of it. I have taken the best advice available to me, which is that it remains a requirement of the Code that teachers holding permanent appointments in education authority and grant-aided schools should be registered with the Council. That is still the position.