Brendan Ryan (Labour)

I move amendment No: 3:

In page 9, line 5, to delete "or is otherwise expedient" and substitute the following:

"or the person being searched is a minor or a person with an intellectual disability and the person of the other sex who is present is a parent, guardian or relative of that person or is a person whose presence is otherwise in the best interests of the person being searched".

We argued this on the previous occasion. The reference to "expedient" renders the protection meaningless. It undermines the right of a person not to be searched in the presence of the other sex. When he visited the House last week to discuss this on Committee stage, the Minister said this was intended to protect minors. I believe he and his officials are sincere, but if that is the case the section should be phrased in tighter terms to limit those persons who can be present when an underage child is searched in a manner that involves the removal of clothing. We dealt with the Minister's response and improved the legislation. I believe he should accept this amendment.