The battle is over and the St. George?s Prep parents have won.

But, concerned with ?the legality of the decision?, Education Minister Terry Lister announced a judicial review will be conducted of the Appeals Committee ruling on the issue.

Even as members of the Opposition were calling in the House of Assembly yesterday for an end to the St. George?s Prep controversy, Mr. Lister made a statement in which he vowed to uphold the Appeals Committee decision to keep the second Primary One stream at St. George?s Prep. He also confirmed a second Primary One class will open at East End Primary this year.

The victory was tempered by Mr. Lister?s concern with the legalities, however, and his announcement that a judicial review will be conducted to determine the correct roles for both the Appeals Committee and the Minister of Education in such matters.

?I am aware that the parents who have launched this appeal have been waiting since early March for this decision, and I am conscious of their need for a sense of finality on this matter,? Mr. Lister told MPs in the House of Assembly.

?For this reason and this reason alone, I have agreed that the effect of the decision of the Appeals Committee stand and the children may now attend St. George?s Preparatory if their parents wish ...

?I must inform the public that I am concerned at the legality of the decision of the Appeals Committee. Accordingly, I will ask for a judicial review of that decision so that there may be clear guidance in the future for both the Appeals Committee and the Minister of Education on their respective areas of decision making.?

That comment was met with concern from the United Bermuda Party. ?If we were government we would take the judgment of the tribunal as final,? Shadow Education Minister Neville Darrell said in the House. ?I call upon the Government and Minister of Government and Minister of Education to withdraw the application.?

Premier Alex Scott spoke in defence of Mr. Lister: ?The Minister (Lister) is not challenging the decision. Nothing will change, but this is for future reference.

?What was achieved by the parents is standing.?

However Mr. Darrell was firm, saying: ?We ask Government to withdraw the consideration of judicial review. The wisest thing to do is to step away from the matter and allow the air to clear.?

Judicial review or not, St. George?s Prep principal Mary Lodge expressed her gratitude at the Minister?s decision.

?I am very happy that both East End Primary and ourselves are going to have two classes each,? she said.

The second Primary One class at St. George?s Prep is already registered and the facilities are ready, she said. All that is needed is the teacher, who will be hired by the school?s Board of Trustees.

There are currently two Primary One teachers at St. George?s Prep, but one will be moving to teach the second Primary Four class in September. That class is made up of students from the first year St. George?s Prep expanded to two Primary One classes.

?We are very grateful for the decision,? Ms Lodge said.

Parents representative Nick Duffy said last night that he was pleased with the decision.

?I?m pleased that this has been put to bed. At the end of the day the parents followed the democratic process. I?m very pleased that Mr. Lister won?t try to challenge it. Parents can now go ahead and do what they have to do.?