Education; Priestley, Joseph, 1733-1804; Science -- Study and teaching
Now it is a most important circumstance, that all the sections of the
Act, except four, belong to the latter division; that is, they refer to
mere matters of administration. The four sections in question are the
seventh, the fourteenth, the sixteenth, and the ninety-seventh. Of
these, the seventh, the fourteenth, and the ninety-seventh deal with
the subject-matter of education, while the sixteenth defines the nature
of the relations which are to exist between the "Education Department"
(an euphemism for the future Minister of Education) and the School
Boards. It is the sixteenth clause which is the most important, and, in
some respects, the most remarkable of all. It runs thus:--
"If the School Board do, or permit, any act in contravention of, or
fail to comply with, the regulations, according to which a school
provided by them is required by this Act to be conducted, the
Education Department may declare the School Board to be, and such
Board shall accordingly be deemed to be, a Board in default, and
the Education Department may proceed accordingly; and every act, or
omission, of any member of the School Board, or manager appointed
by them, or any person under the control of the Board, shall be
deemed to be permitted by the Board, unless the contrary be proved.
"If any dispute arises as to whether the School Board have done, or
permitted, any act in contravention of, or have failed to comply
with, the said regulations, _the matter shall be referred to the
Education Department, whose decision thereon shall be final_."
It will be observed that this clause gives the Minister of Education
absolute power over the doings of the School Boards. He is not only the
administrator of the Act, but he is its interpreter. I had imagined
that on the occurrence of a dispute, not as regards a question of pure
administration, but as to the meaning of a clause of the Act, a case
might be taken and referred to a court of justice. But I am led to
believe that the Legislature has, in the present instance, deliberately
taken this power out of the hands of the judges and lodged it in those
of the Minister of Education, who, in accordance with our method of
making Ministers, will necessarily be a political partisan, and who may
be a strong theological sectary into the bargain. And I am informed by
members of Parliament who watched the progress of the Act, that the
responsibility for this unusual state of things rests, not with the
Government, but with the Legislature, which exhibited a singular
disposition to accumulate power in the hands of the future Minister of
Education, and to evade the more troublesome difficulties of the
education question by leaving them to be settled between that Minister
and the School Boards.
Public-domain text, read in full here on John Shaqi.
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