HC Deb 16 February 1922 vol 150 cc1217-9W
Lieut.-Colonel JAMES

asked the President of the Board of Education the amount of the surcharge made by the auditors of the London County Council against the London County Council Education Autho- rity for free theatrical representations provided for the children of the council schools; what was the cost to the County Council of the subsequent legal proceedings taken to question the validity of the surcharge; whether the amount surcharged has been recovered; and, if so, from whom?

Sir A. MOND

I have been asked to reply to this question. The auditor surcharged the sum of £2,745 which was charged in the accounts of the County Council for the year ended 31st March, 1920, as expenditure for the purpose referred to. I am informed that the costs of the proceedings in the High Court amounted to slightly over £200. As regards the last part of the question, as the expenditure was incurred by the Council under the impression that it was legal and the surcharge was made as a test case, it did not seem equitable that the individual member who was surcharged should pay the amount, and I, therefore, on the application of the Council, remitted the surcharge in the exercise of my equitable jurisdiction.

Lieut.-Colonel JAMES

asked the President of the Board of Education whether, in view of the fact that a judicial tribunal has decided that a charge made on the ratepayers to provide free theatrical representations for the pupils attending public elementary schools was improper, he will reconsider his action in laying amendments to Article 44 of the Code of Regulations for public elementary schools upon the Table of the House and proceed by presenting a Bill and obtaining Parliament's assent to a Measure involving such a precedent and creating such opportunities for abuse?

Mr. FISHER

I think the hon. and gallant Member is under some misapprehension as to the decision of the Court. The Amendment I contemplate is not intended to legalise the provision of free theatrical performances for elementary school children at the cost of public funds. It is intended to make clear that a child who during school hours is attending a demonstration or performance under conditions which secure adequate educational benefit may be regarded as attending school, and that the local education authority shall not be penalised by loss of grant because the child is not on the school premises. It places attend- antes at suitable theatrical performances on the same footing as attendances at centres for practical instruction or at museums for study of the collections. In present circumstances I should certainly deprecate the expenditure of public funds on the provision of Shakespearian or other dramatic performances or on paying for the admission of children to them, and I am quite prepared to tell local education authorities that I cannot at present recognise any such expenditure for the calculation of grant. But if they are provided free of cost to public funds, I see no reason why the children should be debarred from attending them or the local education authority and ratepayers penalised because they are allowed to attend them. The Code, with this and other Amendments, will be published for 40 days and laid before Parliament. I shall, of course, be found to consider all objections, and if I find that the sense of this House is against an Amendment, I shall have no disposition to press it, but I venture to suggest that hon. Members should wait till the draft is before them, and consider it on its merits.