Apprenticeships, Skills, Children and Learning Bill

My Lords, we have tabled these amendments to continue in our quest to ensure that teachers are given the power, professional judgment and discretion that they need to enforce discipline in schools; and so allow maximum emphasis to be given to the most important part of their job—teaching. We tabled these amendments at the request of the Association of School and College Leaders, which wishes to allow there to be times when a search can take place without the pupil concerned being present. Does the Minister accept that there may be times when it is entirely impracticable for a search of lockers to take place if it is required that every pupil who has a locker or desk must be present? This would be time-consuming, difficult to organise, impossible to police and potentially embarrassing for the young people concerned. What would be the situation, for example, if a locker search were to take place and no one noticed that the child was not present? Would that then cause great difficulties for the teacher concerned? What would be the fall-out? Would there be a case for action against the teacher? We accept that the provisions in the Bill deal with searches without consent, and not simply general searches. Can the Minister clarify a couple of issues? First, what would be the situation if a teacher asked a pupil for permission to search their desk and the pupil refused but was still present? Could that desk be searched? Secondly, does the Minister accept that there may be situations where it would be useful and more appropriate to carry out a general locker search without the presence of all pupils? What if the teachers would like to search for an article stolen from another pupil? It could be more appropriate to search lockers and desks without the presence of all pupils. It might be inappropriate to expose the culprit to the whole school or class who are being searched before disciplinary measures are decided on. I look forward to the Minister’s response to these amendments and to those tabled by the noble Baroness, Lady Walmsley. We appreciate that in her amendments the concerns raised are to ensure that the teacher who may be disposing of seized drugs or alcohol is afforded the protection of a witness and has the discretion to dispose of the products themselves. I will listen carefully to the Minister’s response. I beg to move.