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Education Bill

My Lords, not for the first time I find myself welcoming the comments of the noble Lord, Lord Sutherland. I might have this wrong, but the provision seems to be designed entirely to deal with a crisis. Of course, if we think there will never be a crisis, we do not need this section. I say that because paragraph (a) of new Section 6A in Clause 2(3)(c) states: "““the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency””." That must mean that the person who thinks they have to search is faced with someone in the room making an absolutely open threat, either to the person who might do the searching or to someone else in the room. Paragraph (b) of new Section 6A says that the condition is satisfied if, "““in the time available it is not reasonably practicable for the search to be carried out by a person of the same sex as P or in the presence of another member of staff””." I feel strongly that that is meant entirely as a back-up power to deal with a crisis that could not have been foreseen. In considering whether this provision should be in the Bill, that is how we should look at it. We should in no way confuse it with the wider issue of the powers to search.