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Public School Statutes

Volume 204: debated on Thursday 23 February 1871

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Question

asked Mr. Solicitor General, Whether the Queen in Council has refused her assent to the Statutes framed by the Public Schools Commissioners for constituting the new governing bodies of certain Public Schools; and, if so, on what grounds; whether, in preparing new Statutes, the Commissioners will reconsider the question of requiring the Governors of Harrow and Winchester to be members of the Church of England; how long he thinks it will be before the new governing bodies will all be constituted; and, whether he intends to ask Parliament further to extend the time allowed to the new governing bodies for making Statutes, which time, by the Act now in force, will expire on the 31st July?

said, in reply, that it was quite true that by an Order in Council dated the 8th instant Her Majesty had signified her disapproval of the statutes made by the Commissioners in February and March, 1870. Her Majesty did not, however, disallow the statutes last sent to the Privy Council, because it turned out that by the operation of the Act the sending back of the first set of statutes to the Commissioners for re-consideration, upon the recommendation of that House, was an excess of power on the part of the Crown, which could only allow or disallow them. The second set of statutes of the Commissioners were, therefore, made without authority. The matter would now be forwarded with all possible despatch. It might be that, in consequence of the delay which had occurred through that misapprehension on the part both of the Commissioners and of those who wished for the alteration of the statutes, the time would be too short for the Governing Bodies of the schools to make the necessary arrangements. If so, it would be only fair and right that those Governing Bodies should have a reasonable time allowed them for taking the initiative, just as if no such mistake as he had described had occurred.