Violent Crime Reduction Bill

moved Amendment No. 132A:"Page 42, line 10, at end insert—" ““(   )   Nothing in any enactment, instrument or agreement shall be construed as authorising a head teacher of a school to require a person to carry out a search under this section.”” The noble Lord said: This is a large and complicated group of amendments. In moving this amendment, I shall speak also to government Amendments Nos. 133A, 133B, 138A, 138B, 143A, 143B, 175 and 176. I will also discuss the opposition amendments in the group. The government amendments prevent a head teacher, in Amendment No. 132A, requiring a member of school staff to carry out a search. The new power could mean, in a few cases, that a head teacher could reasonably direct a member of staff to conduct a search, just as they could direct staff to take disciplinary action such as giving a detention, breaking up a fight or removing a pupil from a classroom. The statutory requirements for teachers’ conditions in maintained schools say that a teacher shall carry out professional duties, including discipline, and health and safety, under the reasonable direction of the head teacher. We want, exceptionally, to prevent direction by the head teacher in the case of this particular power. While a head teacher could not lawfully issue such a direction if it were unreasonable—for example, if it would put at risk the safety of the member of staff; staff associations have expressed some concerns—we recognise that, where a suspected weapon is involved, staff would prefer to avoid discussing on the spot whether a direction by the head teacher was reasonable. In practice, as a matter of good staff management, a head teacher would anyway be likely to seek assent from staff to undertake any such task as this. This power is an exceptional case. Staff still have a duty to take reasonable steps to protect other pupils and staff, perhaps by isolating the suspected pupil, calling in their parent or carer or, perhaps, in extremis, calling the police. The lack of equivalent requirements for staff in further education colleges or attendance centres makes it unnecessary to seek any amendment there. The government amendments to Clauses 40 to 42 require that the other person present when a search is conducted is another member of staff of the school, further education college or attendance centre respectively. We have opposed this, because it is better for the second person who must be present to be someone with a formal duty of care towards those being searched, which increases safeguards for both those being searched and, of course, the staff. Opposition Amendments Nos. 133 to 134, 138 to 139, 143 and 144, on the second person who must be present, aim to achieve the same effect as the government amendments. We made a commitment on Report in another place to consider this, and now resist the opposition amendments because we have brought forward our own amendments, the drafting of which, not unnaturally, we prefer. In those circumstances I ask the Opposition to withdraw their amendments. Amendments Nos. 135 to 137, 140 to 142, 145 and 146 would remove the proposed power to generally authorise staff to search for weapons in a school, FE institution or attendance centre. The amendments would define a head teacher or institution principal to include a deputy, if the head teacher or principal is away, and require the Secretary of State to issue guidance to schools, institutions and attendance centres. It is important that they have a power to authorise staff generally to search—that would allow staff to act immediately when they suspect a concealed weapon, without seeking specific authorisation at that point. Without general authorisation, staff, pupils, students and attendees generally could be at risk if staff suspected a weapon while the head teacher, principal or their deputy, or the officer in charge, was away for any particular reason. At attendance centres in particular, staff work with those who may have a history of carrying offensive weapons. Defining a head teacher or principal to include a deputy, when the head teacher or principal is off the premises, would only be necessary if staff need authorisation for every specific search or particular description of searches. It is not needed if, as the Government propose, those amendments are rejected. I turn to Amendments Nos. 137, 142 and 146. My right honourable friend the Secretary of State for Education and Skills plans to issue guidance for schools, and the Home Office plans to issue guidance for attendance centres. Further education institutions will be able to make use of guidance issued for schools. It is not necessary to put a duty on the Secretary of State to issue guidance. I should add that government amendments to Clause 56 allow the National Assembly for Wales to commence the provision conferring the power to search students for weapons to members of staff of institutions in the FE sector in Wales. I beg to move.