House of Commons Public Bill Committee Proceedings

Session 2010 - 11
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Other Bills before Parliament

9

House of Commons

Thursday 10 March 2011

Public Bill Committee Proceedings

Education Bill

[seventh and eighth sittings]

Clause 2

Another Amendment (No. 10) proposed, in page 3, line 32, at beginning insert ‘Subject

to subsection (7),’.

Question proposed, That the Amendment be made.

Withdrawn

Kevin Brennan

Mr Iain Wright

Withdrawn  13

Clause  2,  page  4,  line  13,  after ‘determined’, insert ‘, approved by the Secretary of

State’.

Kevin Brennan

Mr Iain Wright

Not called  12

Clause  2,  page  4,  line  23,  at end insert—

‘(za)
in subsection (1)(b), at end insert “and has been trained—

(i)
in the need to maintain a pupil’s dignity and right to privacy in

carrying out the search, and

(ii)
on additional requirements for searching pupils with special

educational needs and disabilities”.’.

Kevin Brennan

Mr Iain Wright

Negatived on division  16

Clause  2,  page  4,  line  41,  leave out from beginning to end of line 3 on page 5.

Kevin Brennan

Mr Iain Wright

Not called  18

Clause  2,  page  5,  line  3,  at end insert—

‘(7B)
Notwithstanding any provision of this section, the search must be carried out by

a member of the senior management team, who has received appropriate training,

of the same sex only and only where—

(a)
there is justification, and

Public Bill Committee Proceedings: 10 March 2011
10

Education Bill, continued

(b)
reasonable force is used.’.

Kevin Brennan

Mr Iain Wright

Not called  15

Clause  2,  page  5,  line  3,  at end insert—

‘(f)
after subsection (8) insert—

“(9)
The Secretary of State must issue guidance which defines the

following terms—

(a)
“search”, in the context of the need to safeguard the

rights of children;

(b)
“force”;

(c)
“risk”;

(d)
“serious harm”;

(e)
“reasonable grounds for suspicion”; and

(f)
“good reason”.’.

Kevin Brennan

Mr Iain Wright

Withdrawn  14

Clause  2,  page  5,  line  32,  at end insert ‘, and the person, who should be a senior

member of staff trained in data protection, shall not be liable to any criminal prosecution

for having examined such data or files’.

Kevin Brennan

Mr Iain Wright

Not called  11

Clause  2,  page  6,  line  17,  at end insert—

‘(7)
Before the Secretary of State exercises the power to commence this section under

section 78, he must first lay before Parliament a statement agreed with Her

Majesty’s Chief Inspector of Education, Children’s Services and Skills on the

evidence that school staff need the additional powers available in this section.’.

Kevin Brennan

Mr Iain Wright

Not called  17

Clause  2,  page  6,  line  17,  at end insert—

‘(7)
For the avoidance of doubt, this section applies to academies established under

the Academies Act 2010.’.

Clause Agreed to.

Kevin Brennan

Mr Iain Wright

Withdrawn  19

Clause  3,  page  6,  line  19,  at beginning insert ‘Subject to subsection (6),’.

Public Bill Committee Proceedings: 10 March 2011
11

Education Bill, continued

Kevin Brennan

Mr Iain Wright

Not called  23

Clause  3,  page  6,  line  27,  at end insert—

‘(2A)
In section 85AA (Power of members of staff to search students for prohibited

items: England), in subsection (6) (definitions), at end insert—

“student” includes registered students who are aged 18 or over as well as

registered students under the age of 18 years.”.’.

Kevin Brennan

Mr Iain Wright

Not called  21

Clause  3,  page  6,  line  28,  at end insert—

‘(za)
in subsection (1)(b), at end insert “and has been trained—

(i)
in the need to mainain the student’s dignity and right to privacy

in carrying out the search, and

(ii)
on additional requirements for searching students with special

educational needs and disabilities”.’.

Kevin Brennan

Mr Iain Wright

Not called  26

Clause  3,  page  6,  line  44,  leave out from beginning to end of line 9 on page 7.

Kevin Brennan

Mr Iain Wright

Not called  24

Clause  3,  page  7,  line  9,  at end insert—

‘(7B)
Notwithstanding any provision of this section, the search must be carried out by

a member of the senior management team, who has received appropriate training,

of the same sex only and only where—

(a)
there is justification, and

(b)
reasonable force is used.’.

Kevin Brennan

Mr Iain Wright

Not called  25

Clause  3,  page  7,  line  9,  at end insert—

‘(e)
after subsection (8), insert—

“(9)
The Secretary of State must issue guidance which defines the

following terms—

(a)
“search”, in the context of the need to safeguard the

rights of students;

(b)
“force”;

(c)
“risk”;

(d)
“serious harm”;

(e)
“reasonable grounds for suspicion”; and

(f)
“good reason”.’.

Public Bill Committee Proceedings: 10 March 2011
12

Education Bill, continued

Kevin Brennan

Mr Iain Wright

Not called  22

Clause  3,  page  7,  line  32,  at end insert ‘and the person, who should be a senior

member of staff trained in data protection, shall not be liable to any criminal prosecution

solely for having examined such data or files’.

Kevin Brennan

Mr Iain Wright

Not called  20

Clause  3,  page  8,  line  11,  at end insert—

‘(6)
Before the Secretary of State exercises the power to commence this section under

section 78, he must first lay before Parliament a statement agreed with Her

Majesty’s Chief Inspector of Education, Children’s Services and Skills on the

evidence that further education staff need the additional powers available in this

section.’.

Clause Agreed to.

Kevin Brennan

Mr Iain Wright

Withdrawn  33

Clause  4,  page  8,  line  13,  at beginning insert ‘Subject to subsection (5),’.

[Adjourned until Tuesday 15 March at 10.30 am



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