HL Deb 29 June 1944 vol 132 cc605-8

Enactments repealed from date of commencement of Part II of this Act.

1 Edw. 8 & 1 Geo. 6. c. 46. The Physical Training and Recreation Act, 1937. Sections one to three and Section six and in Section eight in subsection (1) thereof the words "including any grants paid or payable under or by virtue of this Act," and subsection (2).
1 & 2 Geo. 6. c. 40. The Children and Young Persons Act, 1938. Section three; in Section four, in subsection (1) thereof, the words "or under Section forty-five of the Education Act, 1921, as so amended," and in subsection (2) thereof the words "and Section forty-five of the Education Act, 1921."

LORD GORELL had given Notice of an Amendment to insert in PART I:

"7 Edw. 7. c. 43. The Education (Administrative Provisions) Act, 1907. Section 16."
The noble Lord said: It is necessary to say one word, but only one word, about this in view of what fell from the noble Earl a few moments ago. He referred to the Teachers Registration Council as though it were my plan. It is necessary for me to emphasize that I am the representative of a movement which began long before I was born and which has had statutory authority for a generation. This particular Section Sixteen of the Education (Administrative Provisions) Act, 1907, is in fact the statutory authority under which Sir Robert Morant acted when he drew up the memorandum on which the Teachers Registration Council came into existence in 1912. I have endeavoured, in the coarse of these debates, to elicit from the noble Earl whether the Government were, or were not, prepared to make any use of the Teachers Registration Council, but, with that singular blend of courtesy, ability and agility he has dis- played throughout this debate, he has evaded my question. I gathered that the whole policy of the Government on this matter can be summed up in the lines: Thou must not kill but need'st not strive Officiously to keep alive. I personally would prefer that something which is not going to be used should be brought to an end, but I have no mandate from the teachers' council to say on their behalf that they wish an end put to their statutory existence. This Amendment was put down in conjunction with one that I hoped would be accepted but as it has not been accepted I have no alternative but to refrain from moving this Amendment.

LORD ABERDARE had put down an Amendment to omit the reference in Part I to the Physical Training and Recreation Act, 1937. The noble Lord said: I put down this Amendment before your Lordships reached the discussion on subsection (3) of Clause 51. In the light of the answer the noble Earl gave to my suggestion about an Amending Act, it seems to me quite unnecessary now to move this one. Moreover, I see that the noble Earl is moving an Amendment himself which will enable me to achieve the object I have in view.

THE EARL OF SELBORNE moved in the reference to the Physical Training and Recreation Act, 1937, to leave out all words after "Sections one," and insert "'and two'; in Section three; in subsection (1) thereof the words from 'recommendations' to 'with' and the words 'after considering a recommendation of the grants committee', and in subsection (3) thereof the words 'after consultation with the National Council for England and Wales' and the words 'on the recommendation of the grants committee and'; Section six; and subsection (2) of Section eight." The noble Earl said: This is consequential on a previous Amendment. I beg to move.

Amendment moved— Page 106, line 33, leave out from ("one") to the end of line 40, and insert the said new words.—(The Earl of Selborne.)

On Question, Amendment agreed to.

THE EARL OF SELBORNE moved to add to the reference to the Children and Young Persons Act, 1938, "in Section six, in subsection (1) thereof, the words 'or by virtue of subsection (2) of Section three of this Act', and in subsection (2) thereof the words 'or under subsection (2) of Section three of this Act'." The noble Earl said: This Amendment corrects an omission. Schedule ten of the Education Bill, among other things, repeals Section three of the Children and Young Persons Act, 1938. Accordingly, any other references in that Act of 1938 to Section three therein should also be repealed. I beg to move.

Amendment moved— Page 106, line 50, at end insert the said words.—(The Earl of Selborne.)

On Question, Amendment agreed to.

Schedule Ten, as amended, agreed to.

House resumed.