My hon. Friend is right. There are burdens on teachers to ensure that they do the right thing. As he readily says, they cannot do the search alone. There are already duties on a teacher without imposing on them too high a burden.
Amendment No. 26 relates to clothing. We had a serious debate in Standing Committee about the clothing that could be removed during a search. The Minister will correct me if I am wrong, but I recall vividly that while we debated this Bill in one Committee Room, another Home Office Bill, on which I also had to serve, was being debated in another Room. A similar provision on searching through clothing was proposed in the other Bill. One of them—I forget which—mentioned the removal of a hat. The other one did not. I rely on the Minister to remind which it was.
The serious point is that the Minister is trying to reach a position in which a proper—a full and thorough—search is made. As we said in Committee, the search must be realistic, by which we mean fairly full. To take an obvious example, if a child is required to remove only an outer coat, it is possible that a weapon might be concealed further down in their clothing. The Minister has to strike a balance. Her proposal goes further than the position taken in Committee. To that extent, I welcome what she said and thank her for it.
Amendment No. 27 is important. I am grateful to the Minister for the courteous way in which she received it. We are, after all, talking about searching and the need for the search to be carried out in the presence of another person. The Opposition agree with that concept, but it occurred to me shortly after proceedings in Committee that there could be serious disadvantages if the Bill were left in its current form, with the search taking place in the presence of another person who is aged 18 or over. That is a wide provision and could involve someone who is not a member of staff and teacher trained, such as a parent or a member of staff in the catering department who has no skills in dealing with pupils. Strictly speaking, it could involve another pupil at the same school. I do not think that the Minister intends the second person involved in the search to be another pupil who happens to be 18 or over.
I thought that that was unsatisfactory and still do. The Minister said that she will look more closely at the matter, perhaps with a view to the Government tabling an amendment that is drafted in the same or similar terms as mine. I do not propose to ask the House to divide on the matter, but I do ask her to consider the position carefully, and I know that she will.
Violent Crime Reduction Bill
Proceeding contribution from
Humfrey Malins
(Conservative)
in the House of Commons on Monday, 14 November 2005.
It occurred during Debate on bills on Violent Crime Reduction Bill 2005-06.
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