EDUCATION (MISCELLANEOUS PROVISIONS) BILL. (Hansard, 3 June 1948)

§ LORD WALKDEN
My Lords, I have a few Amendments to submit to your Lordships. Some of them are very small tidying-up Amendments associated with the alterations we made during the Committee stage, but others are intended to meet the points raised by the noble Lord, Lord Llewellin, and I hope I shall be able to make him quite happy before we finish with the Bill. I regret to say that I have not a firm answer to give to the noble Earl, Lord Perth. The points he raised are still under consideration, but I am hopeful of being able to send him a communication this week which will, I believe, meet his views in regard to certain clauses of the Bill.
I now beg to move the first Amendment on the Order Paper which relates to Clause 4, and I move to leave out subsection (6), which at present has been found to be rather faulty or inadequate, and to substitute the words on the Order Paper. The difference between the two sets of words is that the words in the Bill were permissive—namely, that the names may be deleted. The Amendment makes it obligatory that they are deleted as and when it is found they should be. It is rather important because, unless these names 253 which ought no longer to be on the school register are cleared away, the Government will have to continue to pay the grant at the rate of £6 per pupil per annum. So, by clearing them off as and when they ought to be cleared off, it may save a certain amount of revenue to, the Exchequer. That is the sole reason for this Amendment. I beg to move.

§ LORD WALKDEN
My Lords, there are a number of small Amendments to Clause 5, the first one being to page 5, line 9, to leave out the word "registered." That word is not now necessary. If it would be convenient, I am prepared to move all these little Amendments and to explain each one in turn, and then they can be put en bloc.

§ LORD LLEWELLIN
My Lords, so far as I can see, except for one or two Amendments which are completely drafting, the others fall together as a group. The noble Lord has put them down to meet the points which I made on the Committee stage—namely, that the local education authority should, if they thought it necessary, provide clothing to children whether they had insufficient clothing or—and this is what I wanted—where the clothing they had was unsuitable. The noble Lord has met me on all the points I raised and I think they all stand together. I would only add that I am much obliged to him for his assistance in meeting my points.

§ LORD WALKDEN
I do not know that I need explain them in detail. Some are consequential, some are drafting and others are purely to give effect to the undertaking to which the noble Lord referred. I beg to move.

§ LORD WALKDEN
This is purely a drafting Amendment. I beg to move.

§ LORD WALKDEN
My Lords, this is a further Amendment to the First Schedule and it concerns page 12, line 11 It is rather more detailed and needs some explanation. It is intended to meet the point raised by the noble Lord, Lord Llewellin, in regard to a somewhat different matter, and I hope it will clear away the controversy to which he made reference. The noble Lord explained that there is conflict of opinion between different authorities as to whether action should be taken against a parent by the authority in whose area resides a child who does not attend school or is not properly registered, or by the authority in charge of the school which he has been attending, but in whose area he does not reside. The Amendment is intended to clear up that point and to make it the firm responsibility of the authority in whose area the child resides to take action 255 if his attendance is irregular or if he has not attended at all and has not become registered. Under this Amendment, it will be the duty of that authority to take action. But there are cases where children have no regular abode, such as children who travel on barges with their parents. I understand that there are quite a number of children whose parents go up and down the country in barges and take the children with them, and there are also gipsy children who live in caravans. The last part of the Amendment provides for those children, assures that someone will look after them and makes it decisive that primarily it is the

§ LORD LLEWELLIN
My Lords, all I want to say on this Amendment is that there was a conflict in regard to the advice given to the Middlesex County Council and that given to the London County Council. I did not mind which way it was cleared up so long as it was cleared up and it was made certain which authority ought to take action. It seems a little more complicated than the simple way I had thought of, but I have no doubt that the noble Lord thinks this is the better way. At any rate, I am obliged to him for meeting the point which I had been asked to raise by the appropriate county authorities, who wanted the position cleared up. I think it has been cleared up now.

THE EARL OF PERTH
I would like to take this opportunity of thanking the noble Lord, Lord Walkden, for the trouble he has taken over my Amendment, and to say that I look forward to the receipt of the document which he has foreshadowed.

("Section forty, subsection (2).	For the words 'It shall be the duty of the local education authority', substitute 'It shall be the duty—
(Duty to take proceedings to enforce school attendance).	(a) in the case of an offence against Section thirty-seven of this Act, of the local education authority by whom the school attendance order in question was made, or
	(b) in the case of an offence against Section thirty-nine of this Act, of the local education authority for the area to which the child in question belongs (unless they are satisfied that proceedings for the offence have been or are to be instituted by the local education authority for the area in which the school is at which the child is a registered pupil), or, if the child does not belong to the area of any local education authority, of the local education authority for the area in which that school is'")
	—(Lord Walkden.