HC Deb 13 November 1980 vol 992 cc449-50W
Mr. Kilfedder

asked the Secretary of State for Northern Ireland whether the second paragraph of the letter dated 27 October sent to the hon. Member for Down, North by the Under-Secretary of State in the Northern Ireland office responsible for education, is a disclaimer of responsibility for the conduct of the South Eastern Education and Library Board; and if he will make a statement about the nature of the relationship between the Department of Education and the education boards, having regard to the provisions of article 90 of the Education and Libraries Order (NI) 1972.

(2) whether it is pratice of his Department to regard as sub judice matters of maladministration, as evidenced by the legal advice tendered to the South Eastern Education and Library Board.

Mr. Goodhart

The second paragraph of the letter of 27 October is not a disclaimer of responsibility. It is understood that the South Eastern Education and Library Board acted on the basis of legal advice in regard to the question of sub judice matters. That advice is for the consideration of the board in the first instance.

Before the Department of Education for Northern Ireland can give a direction under article 90 of the Education and Libraries (Northern Ireland) Order 1972 it must be satisfied that a board either has acted or is proposing to act unreasonably in the exercise of any power conferred or the performance of any duty imposed upon it or under any provision of that order. The Department was not satisfied that this was the case.