| Anti-social Behaviour Bill
|
|
Mr. Ainsworth: In those circumstances, the head will believe that there is nobody worthy of authorisation. He will therefore use the power; he will not delegate it. I cannot see a problem with that. Penalty notices are part of a range of options in a wide-ranging strategy to tackle truancy that includes national publicity, truancy sweeps, electronic registration and fast-track prosecutions as well as parenting contracts for truancy. 99 The amendment tabled by the hon. Member for Mid-Dorset and North Poole relates to the regulation-making power, which will set out the precise circumstances in which penalty notices may be issued. Removal of the words ''of a prescribed description'' would limit the breadth of the regulation-making power. As a result, it could not be used in a variety of circumstances. It is important that we retain the power to make such regulations. We intend that the regulations will specify the circumstances in which a teacher might issue a penalty notice; they will be different from those in which an education welfare officer or a police constable might issue one. They operate under different circumstances and are subject to different duties arising under other legislation. For example, we would not want schools to issue fixed penalty notices to people other than their own pupils. Different regulations will be needed for different people. We would not want the same restriction to apply to constables involved in a truancy sweep. Mr. Randall: The Minister is making a quite persuasive case. Teachers would not mind those powers but for the fact that they are not confident of the police reacting quickly enough should something happen—whether in the school or, if they live locally, at home. If they could have confidence that a 999 call would get an instant response, the Minister's point would be valid. Mr. Ainsworth: I accept that we need to try to provide all members of the community, not only the teaching profession, with the confidence that back-up will be available when needed. However, unless we involve other agencies in the enforcement of antisocial behaviour orders, the police will never be able to give such an assurance because, no matter how many police officers we provide, they will be stretched every which way. We need other agencies to join in that responsibility. The Department for Education and Skills will consult local authorities, teachers, the police and Column Number: 118 others about regulations or guidance made under the Bill. That process will determine how fixed penalty notices should operate according to who issues them. We need to take on board the expertise of the police about exactly how and when to issue fixed penalty notices, as well as that of the LEA and school staff.Opposition Members have made it a fundamental issue. I think that that is a big mistake. We need to push back some of the barriers. We need to work at it. I do not suggest that it will be easy, but we cannot simply accept things as they are, backing off because of lobbying or because of the actions of a minority of violent parents. Those issues have to be dealt with. We have to find quick and cost-effective methods of allowing people to deal with them. Mr. Hawkins: The Minister is right to say that we believe that it is a fundamental issue. He is wrong to say that it would depend on the police, because we have not sought to take the LEA out of the equation. We accept that LEA officers, who are remote from the potentially violent parent, could do things. My hon. Friend the Member for Uxbridge spoke about schools not getting an instant response. That happened recently at Shawfield school in my constituency; I received a letter about it only yesterday. Although Surrey police are excellent, on that occasion the school did not get an instant response. We cannot put vulnerable teachers in that position. We shall press amendment No. 55 to a Division. I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn. Amendment proposed: No. 55, in
Question put, That the amendment be made:— The Committee divided: Ayes 6, Noes 9.
Division No. 3]
AYES
NOES
It being after twenty-five minutes past Eleven o'clock, The Chairman adjourned the Committee without Question put, pursuant to the Standing Order. Adjourned till this day at half-past Two o'clock. Column Number: 119
The following Members attended the Committee:
Column Number: 120 Hawkins, Mr. Heppell, Mr. McDonagh, Siobhain McIsaac, Shona Moffatt, Laura Paice, Mr. Randall, Mr. Wright, David
|
| |
| Prepared 8 May 2003 | |
