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Dáil Éireann debate -
Friday, 23 Mar 1923

Vol. 2 No. 44

CEISTEANNA—QUESTIONS. [ORAL ANSWERS.] - INTERMEDIATE BOARD PROGRAMME.

To ask the Minister for Education (a) if there is a statutory duty imposed on the Intermediate Education Board to prepare and publish a programme of studies and rules for examination each year? (b) if the Intermediate Education Board discharged such statutory duty (if it exists) by publishing an official programme of the Board in regard to the examination to be held in 1923, (c) if not, by what body, and under what statutory authority, if any, was an Intermediate Education programme published for the year 1923, (d) if it is correct that the Intermediate Board has notified the National University of Ireland that the Intermediate Commissioners are not preparing a programme for the examinations of 1924, if so, why, when, and by whom, has the Intermediate Board been relieved of its statutory duty? (e) if the Minister is aware that the Lord Chief Justice and the other members of the Intermediate Board have passed a resolution, declaring that, as the law now stands, the preparation of the annual programme is properly the function of the Board exclusively.

The answer to Clause (a) is in the affirmative; Clause (b) is in the negative; Clause (c) is that the Programme was published by the Minister of Education and by the authority of the same. If the Deputy seeks British Statutory authority, he is referred to the Irish Free State Agreement Act, 1922, and the Transfer of Function Order made thereunder; Clause (d) the Ministry has not been informed of any such notification; Clause (e) the Lord Chief Justice cannot nor can the Board legislate by resolution and matters of opinion, whether legal or political are not properly the subject of resolutions by the Board.

May I ask, as a supplementary question—why the answer is given to (e) in that form? The question does not suggest that the Board of Intermediate Education claims to legislate by resolution. It merely draws the Minister's attention to the fact that the Lord Chief Justice of Ireland adopts a certain view of the law, and that the Board adopt that view.

I would point out to the Deputy that a supplementary question cannot be by way of criticism of the answer given.

May it not be to point out the irrelevancy of the answer?

No. It must be a further question.

Then I ask, as a supplementary question—has the Minister, or anyone on his behalf, applied to the Intermediate Board to furnish the Ministry with this official information?

I have nothing to state, in addition to the answer I have given.

With regard to the answer on that section of (d) which inquires, “why, when, and by whom has the Intermediate Board been relieved of its statutory duty?” the Minister merely says that it is under the transfer of functions.

The Minister answered (a) on that point, I think.

Yes, (a) was in the affirmative. He suggests there is a statutory duty.

Then the second part of (d) does not arise?

That was that the second part of (d) was in operation, and did not arise. The point in dispute really is as regards the interpretation of the Transfer of Functions Order.

The Deputy must debate this matter in another way.

I will raise a special debate on the subject, because the Board has a statutory duty, and it must know where it stands.

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