Anti-social Behaviour Bill

Part of the debate – in the House of Lords at 6:45 pm on 23 October 2003.

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Photo of Baroness Sharp of Guildford Baroness Sharp of Guildford Liberal Democrat 6:45, 23 October 2003

My Lords, I thank the Minister for her reply. I am sorry she felt that I put forward the same old arguments as I did on a previous occasion; I thought that I had made one or two new points for her. I raised them because there is real concern among teachers. It is not a matter of trust; it is not a matter of not being trusted. It is a matter of what are the appropriate responsibilities to put on head teachers on this occasion. Many head teachers do not think that this is an appropriate responsibility to be put on their shoulders. They do not want that responsibility.

I accept therefore that it will be a matter of whether there is agreement. As the Minister indicated, it will be an agreement between the schools, the governing body and the local education authority. Quite rightly, it will be a provision in the Bill that is honoured in the breach rather than being used. Extremely few head teachers will want to take up and use the responsibility. That may well be the case.

It is unfortunate. We have seen a similar situation in other legislation that has gone through, such as curfew orders and so forth, which have not been used widely. In terms of legislation, it clogs up the time of the House and it brings the law into disrepute if we pass laws that are honoured only in the breach. However, the Minister wants to see it on the face of the Bill, but I am not convinced by the arguments produced. I shall think about the matter further. For the moment, I beg leave to withdraw the amendment.