My Lords, I am grateful to the Minister. I expected him to say that the ““must”” in subsection 5(b) was intended to mean the same as the ““may … only”” in subsection 5(c), as that did look like an odd bit of drafting for those not perhaps used to the vicissitudes of this particular Bill.
I also agree with the Minister that it is useful to have the outline of what might be in guidance now; in this case, we certainly do not expect to see detailed guidance. Sometimes it is important to see what is in guidance before one progresses further, but as the Minister points out there are existing issues on guidance—both in statute, and non-statutory—upon which one hopes this consultation will build. However, it was right to raise today the sensitive issue of matters such as head-covering and what it comprises.
On the important issue of who is going to be present at a search—and what sex they should be—we had earlier discussions about how one defines a member of staff. I was pleased that the Government made amendments earlier, ensuring that they would be members of staff and not volunteers or just anybody who might be brought in to assist. So, there is a greater quality control over what kind of search is carried out. I appreciate the Minister saying that it might, on occasion, be necessary to have more than two persons present at a search. One might envisage a particularly healthy teenager overpowering two members of staff, and for the security of those present one might want more than two adults there. However, it is important that they fall within the parameters of the rules set down, both in the Bill and subsequently in guidance.
I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
[Amendment No. 2 not moved.]
Violent Crime Reduction Bill
Proceeding contribution from
Baroness Anelay of St Johns
(Conservative)
in the House of Lords on Wednesday, 25 October 2006.
It occurred during Debate on bills on Violent Crime Reduction Bill.
Type
Proceeding contribution
Reference
685 c1262-3 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
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2024-04-21 14:20:18 +0100
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