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Apprenticeships, Skills, Children and Learning Bill

My Lords, I will speak to Amendments 213A, 213B, 215 and 216 in this group. Following our debate in Committee, I drafted Amendments 213A and 213B to protect any teacher who seizes drugs or alcohol during an authorised search. It is important to protect teachers from any possible allegations that they had used the drugs or alcohol themselves, or even sold them or given them to someone else. It is important that disposal occurs before a witness. Since then, I have had a letter from the Minister, dated 28 October, telling me that the current guidance says that where drugs are being disposed of, rather than handed to the police, a witness should be present. This seems sensible, since that is almost exactly what is in my amendment. However, there is a difference. My witness is not just any witness, but one authorised by the head teacher. This is important, because otherwise the teacher may just ask a friend to witness the disposal, thereby laying himself open to allegations anyway. In her letter the Minister said that the department will be issuing revised guidance on the extended search powers. I ask her seriously to consider that in the revised guidance the witness must be someone authorised by the head teacher. That would tighten up the provisions a little and protect teachers just that bit more. It does not have to be in the Bill, but could we have it in guidance? Amendments 215 and 216 make the same provision in the clause relating to searches in colleges. Can the Minister confirm that similar new guidance will also be issued to colleges, and will she say whether she will insist in that guidance that the witness is authorised by the principal? On the matter of lockers and desks, I do not think there is a problem. My understanding is that they are the property of the school and can be searched by the staff without any consent, but I am sure the Minister knows better than I do.