No legal clarity on student schoolbag searches

There is no legal clarity as to whether schools can search student schoolbags at will, union boss Marco Bonnici has told parliament’s Education Committee.

The Malta Union of Teachers president was addressing the committee during a session on Monday that discussed security and bullying in schools

Bonnici said there was no legal clarity as to whether school administrators and teachers have the right to search student bags.

“The practice has always been that teachers do not touch the bags themselves but ask the respective student to empty the pockets,” Bonnici said.

The declaration caught MPs by surprise. Committee chair Rosianne Cutajar said at the next session she will be inviting the police and the Attorney General to help clarify the legal parameters.

She later told MaltaToday it is necessary to understand what the legal situation is so that everyone feels protected at law. “If there are legal lacunas, the committee can propose legal changes to ensure everyone’s safety at school, including students, teachers and school staff,” she said.

Marco Bonnici said there is no uniformity between different state schools on the frequency or pattern of schoolbag searches. “Some schools do it all the time; others sometimes and others never,” he said.

School security resurfaced as an issue last December when a 14-year-old student at St Claire’s College Secondary School in Pembroke attacked a fellow student with a knife. The victim had to be hospitalised with serious stab wounds. The aggressor was subsequently charged in court and is pleading not guilty.

Testifying in court, a police officer said that apart from the knife, the perpetrator had also been carrying a “Molotov-like” substance in his bag.

The Education Ministry subsequently set up a working group with a remit that includes reviewing security protocols in schools. The work of this group is still ongoing.

Speaking in front of the parliamentary committee, Bonnici said in 2020 state primary and secondary schools had introduced a security guard and reception areas to control physical access into schools. However, following last December’s incident, the union called for school security to be enhanced.

During the same committee session, an education official said several new standard operating procedures were being drawn up to help school administrators deal with certain situations. These include a new protocol on handling radicalisation and extremism, and one dealing with school evacuations resulting from various incidents whether these are terrorist-related, natural disasters, a natural death on school grounds or a public health emergency.

Committee member, Labour MP Abigail Camilleri, an educator by profession, said it was important for educators to be taught how to handle situations on the ground. “Teaching the teachers is important because in my 20-year career as a teacher I’ve never had training on how to deal with certain situations,” she said.

The committee dealt with several other issues, including school bullying, cyber bullying, discipline, social support for students with vulnerable backgrounds, multiculturalism and its impact on schools. Each of these issues will be tackled at depth in subsequent meetings.

The parliamentary committee is chaired by Labour MP Rosianne Cutajar and has as its members Labour MPs Abigail Camilleri, Ray Abela and Katya De Giovanni; and Opposition MPs Justin Schembri, David Agius and Albert Buttigieg.