02/11/2015 Newsnight


02/11/2015

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The Education Secretary, Nicky Morgan.

:00:08.:00:09.

She's responsible for schools in England.

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The biggest issue for her is the huge regional gap

:00:13.:00:14.

We'll ask if the Government have the ideas or the money to fix this?

:00:15.:00:20.

We all know that no means no when it comes to sex, but does

:00:21.:00:29.

A BBC documentary puts the complexities

:00:30.:00:35.

The director of public prosecutions is here to guide us through it.

:00:36.:00:40.

And as the bodies of the dead arrive back in Russia, we'll analyze what

:00:41.:00:45.

Was it technical failure or was it terrorism?

:00:46.:00:52.

Yes, there is the possibility of a terrorist attack.

:00:53.:00:55.

Whether that was by a missile or whether it was somebody carrying

:00:56.:00:58.

Tomorrow, Nicky Morgan, the Education Secretary, gives

:00:59.:01:15.

a speech to the Policy Exchange think tank, which will set our her

:01:16.:01:18.

They're all about tackling under-performance,

:01:19.:01:23.

and include a National Teaching Service - an elite squad of 1500

:01:24.:01:27.

teachers going into low-performing schools to help turn things round.

:01:28.:01:29.

There'll be more academies too - ones that have well-run sponsors.

:01:30.:01:32.

It's not a departure from the polices

:01:33.:01:36.

of the last Parliament and the last Education Secretary, Michael Gove.

:01:37.:01:39.

But lurking in the background is a staggering

:01:40.:01:44.

that over the last two decades, the ones in London went

:01:45.:01:50.

from being some of the worst to some of the best in the country.

:01:51.:01:54.

The contrast with the schools in many older,

:01:55.:01:55.

industrial areas of the north - the Northern Powerhouse - is now stark.

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So has Nicky Morgan got the polices to close the gap?

:02:01.:02:03.

We'll hear from her in a few minutes, but first

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One of the hardest subjects in English education is geography. It's

:02:08.:02:23.

been well discussed how schools in London have improved substantially.

:02:24.:02:29.

In 1995 poorer pupils in lopped were four per centage points to achieve

:02:30.:02:33.

five GCSEs than poorer children outside London. By 2003 they were 5

:02:34.:02:42.

per centage points more likely. By 2013 they were 19% more likely to

:02:43.:02:47.

get five good GCSEs than similarly poor children outside the City.

:02:48.:02:50.

While London has soared away, there are parts of England whose results

:02:51.:02:57.

have stagnated. We have a problem with our coastal air yarz and towns

:02:58.:03:01.

and cities across the north of England. Imagine taking two

:03:02.:03:06.

11-year-olds of identical poverty, ethnicity, test results, everything.

:03:07.:03:09.

Put one in a Hackney secondary school in East London and one

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somewhere else. These red areas are the boroughs where that kid sent

:03:14.:03:16.

elsewhere would expect to end up more than a third of a grade behind

:03:17.:03:20.

the Hackney child in English and maths at the age of 16. That, you'll

:03:21.:03:25.

have to take my word for it, is a very big difference. What does a

:03:26.:03:33.

good teacher make these days? The complex understandable and the

:03:34.:03:37.

mindboggling... Part is down to recruitment. There's a problem at

:03:38.:03:41.

the moment, but particularly severe outside the capital. An oddity of

:03:42.:03:45.

this is that teachers in Central London aren't the best paid. In

:03:46.:03:49.

2012, civil servants estimated that teachers in the high performing

:03:50.:03:54.

Hackney schools were, paid 85% of what other local professionals were

:03:55.:03:59.

getting, in say Knowsley in the North West, they're paid 6% more

:04:00.:04:03.

that. Hackney teacher in 2012 would earn 14% of the cost of a local

:04:04.:04:11.

house, in Knowsley, 26%. The quality of schools matters to more than just

:04:12.:04:14.

the children and the parents they serve. If schools in the great old

:04:15.:04:18.

cities of the north struggle, they'll hold back their economies.

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The northern powerhouse of the future will need good schools fit

:04:23.:04:24.

for the 21st serge ri. -- century. Joining me now is the Education

:04:25.:04:29.

Secretary, Nicky Morgan. Good evening to you. Good evening.

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Can we start with one point not in that piece to clarify, testing.

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You're going to suggest a review of Testing age seven. Some people say

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this is a retreat from the testing regime. Others say it's to harden up

:04:47.:04:51.

the tests. What's the review about? Let me be completely clear. There is

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absolutely no change. We want to know the progress that students are

:04:56.:05:00.

pracking -- making from the baseline tests that we introduce this year,

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when they start primary school, through to Key Stage 2 tests at the

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age of 11. We want to make sure we can monitor the progress, so the

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tests children take at the age of seven, we are confident that they

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are identifying where children are making progress and where they are

:05:17.:05:20.

not. Anybody who has, in the last 48 House of Lords, print aid story

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saying that somehow -- 48 hours, printed a story saying they're going

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to change they're being led on a merry dance. No retreat on testing

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then. Let's focus on the corps this afternoon film -- core of that film

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there. The weird gap that's between London and the rest of the country.

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What is your theory as to what happened in London that it went

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behind to so far ahead snrchlts it's aI combi -- It's a combination of

:05:46.:05:52.

things. I think it was a determination to raise expectations

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for students, to bring in sponsors from outside and of course, this

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started with the academies programme, started by Lord Adonis in

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the last Labour Government, where bringing in strong sponsors, teacher

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recruitment, the introduction of the highly successful Teach First

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charity, which takes graduates from top universities and puts them into

:06:13.:06:18.

schools, giving them the confidence and training to do that. Everybody

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in London was saying we have to change this. That's what we want to

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spread to other parts of the the terrorism it's one of the things

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I've -- of the country. It's one of the things I've noticed, excellent

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teachers and excellent schools, we don't have them everywhere. Zplt

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northern powerhouse zone of schools under performing, London schools by

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more than most, must be a pig worry. Let's ask if you have policies and

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you're announcing them tomorrow that meet the scale of that challenge.

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Let's start with the national teaching service.. By 2020 we will

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have 1500 excellent teachers, experienced teachers to go into

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challenging schools across the country. They will go in, several

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teachers in a school. They can be invited in by the school, if it

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identifies its problems or under the education adoption bill, we can

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tackle failing schools, coasting schools. We can say we think you

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should have some of these teachers to raise standards. This is 1500

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teachers. I mean there are 451,000 teachers in English schools.

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454,000. OK. 1500, it's approximately zero isn't it really.

:07:30.:07:33.

No, I don't think so. Even one new teacher coming in from outside,

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there'll be more in these challenging schools, but even just

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one teacher coming in from outside, bringing new ideas, bringing new

:07:42.:07:44.

experiences, offering collaboration, it does make a big difference. Of

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course, if there were more people who came forward, but I think 1500

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is the right number to start with. We start with a pilot particularly

:07:54.:07:56.

in the North West. We're going to be asking for teachers to step forward

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to do this. It's going to be recognised in terms of their career

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progression. There'll be incentives to do this. Hundreds of teachers...

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Who want to give up the job at a cosy, good school, perhaps in the

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south of England and move to the north, a difficult school in the

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north? Are they cueing up for that? Many do. Many want the best for the

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children. Many teachers, many heads I speak to, relish the challenge of

:08:24.:08:27.

getting the best for pupils. We have to be more directional about this.

:08:28.:08:31.

There are places like Knowsley in that report where only 38% of

:08:32.:08:35.

students got five good GCSEs. That can't be right. That isn't fair on

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the students in Knowsley for whom there isn't a choice about anywhere

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else to go to. In a way, isn't the problem that you can't recruit

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teachers in some of those areas, there's a recruitment problem,

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except in London, where salaries don't go as far, there's a

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recruitment problem. Solving that has to be a bigger priority than

:08:55.:09:01.

bussing in 1500. We're talking about the national teaching service, year

:09:02.:09:06.

seven resits, we're talking about students doing core academic

:09:07.:09:10.

subjects, all of them taking those. Five sponsors coming forward. Five

:09:11.:09:15.

sponsors, five, you're giving them ?5 million as I understand it.

:09:16.:09:20.

They're sharing that money. But again, actually having a strong

:09:21.:09:25.

sponsor operating these hubs, working with other academies, that's

:09:26.:09:28.

one of the exciting things we see in our system at the moment is the

:09:29.:09:32.

collaboration between schools. The real raising of standards. You know

:09:33.:09:37.

we have a million more children in schools rated good or outstanding

:09:38.:09:41.

than in 2010. Our education reforms are making a difference. This is a

:09:42.:09:45.

matter of social justice for these children who otherwise don't get

:09:46.:09:48.

that great start in life they deserve. Understood. In his

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conference speech, the Prime Minister said, "My next ambition is

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this: 500 new free schools, every school an academy, yes, local

:09:57.:09:59.

authorities running schools a thing of the past." You buy that?

:10:00.:10:03.

Absolutely. In London you believe that? I think academies have proven

:10:04.:10:09.

to be hugely successful. One of the reasons is bringing in an external

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sponsor, bringing support, challenge, sharing of experiences -

:10:17.:10:19.

you're going to leap in. You're going to fix the London schooling

:10:20.:10:23.

system, which you've been telling me is so brilliant, what is broken

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about the London schooling system that you want to change the status

:10:26.:10:30.

of a third of the schools in London, which are run by local authorities,

:10:31.:10:34.

apparently rather well and you want to move them across? We see that the

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multiacademy trusts and sponsors are great at school improvement. Local

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authorities do many things well, but actually it's not always in the

:10:43.:10:45.

realm of school improvement. Sorry, are you saying that local

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authorities in London are not running their schools well? We're

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not saying, it doesn't have to be - You're proposing to fix a problem

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and I'm asking you what problem it's fixing. It doesn't have to be an

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either or choice. What we see in London is what we want to see

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elsewhere in the country, people coming from outside, bringing that

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challenge. The best people to run schools are the heads, teachers and

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govern ors. We want to see what's happened in London, there are still

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- Sorry what's happened in London is a third of the schools are run by

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local authorities and they're very good schools. Are you proposing, if

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you like, to completely change the system in London. Two thirds clearly

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are not, benefitting from the independence and that's what we want

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elsewhere in the country. Is this whole conversation we're having

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about to be engulfed by a tidal wave called the Spending Review, which we

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get this month, which I think the IFS is saying costs up by St % or --

:11:40.:11:46.

12% in schools, funding rising by 7% over the Parliament. We have

:11:47.:11:49.

committed, you're right the Spending Review is a huge issue for all

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Government departments to know how much they're going to have to spend

:11:53.:11:55.

in the next few years. We have already as a Government committed to

:11:56.:12:01.

protect per pupil school funding. Sorry, you've committed in cash

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terms not real terms? Absolutely. That's a 5% real cut. Because the

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number of pupils is going up in the system over the course of the

:12:13.:12:14.

Parliament, schools will be getting more. One of the other commitments

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in our manifesto was to look at this issue of fairer funding. Because

:12:20.:12:25.

there are some parts of the country where neighbouring authorities are

:12:26.:12:28.

getting differing amounts. If we get that sorted that will also make a

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big difference. School budgets like other budgets in the public sector

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are under pressure. We will do all we can to support schools. That's in

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three weeks. I want to ask you about a completely different story. The

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Times loading on a story that the Government has abandoned the idea of

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a vote on military action in Syria, bombing Syria. Is that correct? I've

:12:49.:12:52.

only just seen the headlines as I came into the studio. I don't

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recognise that. But the Prime Minister has been very clear that in

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order to return to the House of Commons he wants to build a clear

:13:00.:13:05.

consensus to win a vote there. But we are absolutely undimmed in our

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commitment to defeat Isil. That's why we're taking military action in

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Iraq. But as I say, the Prime Minister's been clear about the need

:13:13.:13:15.

to build that consensus in the House of Commons. To be clear, no change

:13:16.:13:20.

in policy? No, I don't think there is a change in policy. These are not

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reports that I recognise at all. You'd only have a vote if there was

:13:28.:13:31.

a consensus? The Prime Minister has been clear that he wants to build

:13:32.:13:33.

that consensus in the House of Commons on any vote. Thanks very

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much. A lot has been said about it

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in the last few days, but we still don't really know what caused

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a Russian Metrojet Airbus A320 to The airline says that it was quote,

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an "external influence" for the crash, but at this stage, the cause

:13:45.:13:49.

has to be said to be a mystery. Our diplomatic editor, Mark Urban,

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has been looking In St Petersburg they're bringing

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home the dead. And the relatives of those who perished in Sinai are

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preparing to bury their loved ones. Most of the holidaymakers who died

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came from this city and they want to know why this tragedy happened.

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TRANSLATION: Without any doubt everything has to be done to make

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sure we have an objective description of what happened. We

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have to know what happened and to react in the appropriate way. So

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what are the possible explanations? When locals affiliated to the

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Islamic State group claimed to have downed the Russian plane, attention

:14:46.:14:50.

briefly focussed on missiles. But while insurgents in Sinai have shot

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down low-level helicopters, hitting a jet at 30,000 feet requires a big

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missile, like the BUK system, with its associated fire control radars

:15:03.:15:08.

and equipment and nobody thinks IS in Sinai has this type of kit. The

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only weapons we know about in that area with a surface-to-air

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capability are man portable. They have an altitude they can reach

:15:21.:15:26.

between 10 and 15,000 feet maximum, nowhere near 30,000 feet. Anxious to

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protect the country's tourist industry, Egypt's president tonight

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ruled out the possibility that IS could have brought down the plane

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with a missile. TRANSLATION: This is one way to nail

:15:37.:15:47.

the security of Egypt. The plane was at 35,000 feet altitude, believe me,

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the situation in Sinai in this limited area is under our full

:15:53.:15:58.

control. Given that the aircraft broke up at 31,000 feet, and

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wreckage was scattered widely across 20 square kilometres, a bomb might

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have been smuggled on board. Certainly, that is more likely than

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a missile but still hard to pull off. And IS itself did not actually

:16:14.:16:20.

claim it had planted any device. But the possibility that someone did is

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why people will not rule out terrorism. We don't have any direct

:16:25.:16:30.

evidence of any terrorist involvement yet. IS in a Tweet

:16:31.:16:38.

claimed responsibility for this and there is a very aggressive chapter

:16:39.:16:45.

in Sinai but we really do not know and I think that once the black

:16:46.:16:53.

boxes have been analysed, then perhaps we will know more. So,

:16:54.:17:00.

leaving aside terrorism, what about structural failure? Effect that the

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tale came down relatively intact, some way from the rest of the

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wreckage, has led attention to focus on a previous tail strike when the

:17:12.:17:16.

rear of the jet hit the tarmac on landing. But it did, however, pass a

:17:17.:17:22.

safety inspection six months ago in Ireland. This particular flight we

:17:23.:17:28.

are talking about did have a tail strike at Cairo airport in 2001. So

:17:29.:17:36.

I would expect accident investigators to be holding in on

:17:37.:17:40.

that as something that they would need to eliminate from the

:17:41.:17:45.

investigation. The flight recorders have been recovered and the nations

:17:46.:17:51.

involved with this disaster must agree who will take charge of the

:17:52.:17:55.

investigation. The pressure on investigators to give answers to

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leaders as well as families will be intense. Mark Urban reporting.

:18:00.:18:07.

When it comes to consent to sex, no means no.

:18:08.:18:09.

The answer to that in law is no.

:18:10.:18:17.

But is it clear-cut when consent is given and when it is not?

:18:18.:18:20.

The question has been tested tonight in a fascinating BBC Three

:18:21.:18:23.

It took a dramatised scene of oral sex between two teenagers,

:18:24.:18:28.

an uncomfortable scene in which the girl is barely awake.

:18:29.:18:32.

She ultimately accuses the boy of rape, and we see clips

:18:33.:18:35.

What is clever is that the documentary stops the action

:18:36.:18:41.

at key points to ask a panel of real teenagers - and the audience

:18:42.:18:44.

Have a look at this six-minute version

:18:45.:18:49.

of the film, which starts with the party after which the sex occurs.

:18:50.:18:54.

It also includes some of the comments

:18:55.:18:56.

Did the boy think she'd given consent?

:18:57.:19:05.

I thought you had fallen asleep in the kitchen or something.

:19:06.:19:47.

There was absolutely no consent so it definitely,

:19:48.:20:54.

It was a horrible case of miscommunication.

:20:55.:21:00.

If she definitely did not want it, she would have pushed him away.

:21:01.:21:03.

It could have just been because she couldn't be bothered to say no, and

:21:04.:21:06.

we have all been in a situation with a boy trying to force himself on us.

:21:07.:21:10.

In the end, you just kind of go, fine, whatever.

:21:11.:21:13.

Unwanted sexual contact is unwanted sexual contact.

:21:14.:21:15.

She didn't show that she was up for it.

:21:16.:21:21.

But at the same time, she didn't do anything to stop it.

:21:22.:21:24.

I'm not saying it was right, what happened, but I do not think it

:21:25.:21:28.

The girl was awake and she didn't exactly consent

:21:29.:21:30.

And I don't think it would even end up in court.

:21:31.:21:35.

This guy I know, he did something to me.

:21:36.:21:43.

The two of you had a previous relationship, is that correct?

:21:44.:21:46.

We went out for about three months or something.

:21:47.:21:50.

Honestly, when I got the text, I thought she was still interested.

:21:51.:21:54.

You were very happy when Mr Morris came out of the kitchen.

:21:55.:21:57.

You were very happy to give him oral sex?

:21:58.:21:59.

Then why didn't you put a stop to it?

:22:00.:22:03.

All you needed to say was no, it all would have been very simple.

:22:04.:22:07.

You could have called out to a friend in the upstairs room.

:22:08.:22:10.

Now I have realised that she really didn't want that to happen,

:22:11.:22:24.

I kind of look back to the actual situation and think, if you really

:22:25.:22:27.

didn't want it to happen that bad, then you should have said no.

:22:28.:22:32.

She has taken it this far when she could have stopped it right there.

:22:33.:22:35.

His life is going to be ruined for a misunderstanding.

:22:36.:22:38.

Rape is usually when you are intending to sexually assault, yeah?

:22:39.:22:49.

He did it with intent and rape is a big word for it.

:22:50.:22:52.

You can flirt and you can flirt and you can flirt.

:22:53.:22:56.

If he was my friend I wouldn't call the police but he would be shunned,

:22:57.:23:02.

I wouldn't like him as a person but I wouldn't call the police.

:23:03.:23:06.

If we could say that Tom could be charged with a sex offence rather

:23:07.:23:10.

than rape, we would prefer that, but because it comes under rape,

:23:11.:23:14.

although it is such a strong word, it is classed as that.

:23:15.:23:19.

So is it fair that he would get the same sentence

:23:20.:23:23.

as someone who randomly approached a woman, attacked her

:23:24.:23:26.

With the current justice system, the whole thing would fall apart

:23:27.:23:32.

You cannot say it's not that bad because the next thing is not that

:23:33.:23:40.

If it comes under rape, it comes under rape.

:23:41.:23:44.

We had slept in the same bed loads before so I

:23:45.:23:47.

She didn't say anything like stop or anything.

:23:48.:24:04.

But she didn't do anything to indicate that she

:24:05.:24:06.

She definitely would have said if she wasn't into it.

:24:07.:24:11.

I know people who have been in situations where they haven't

:24:12.:24:27.

given consent to their boyfriends, even, for sex for that particular

:24:28.:24:30.

time but their boyfriend has gone ahead with it anyway.

:24:31.:24:34.

And body language, as we have seen in that video, is

:24:35.:24:36.

You can't brush things off, it is not a case of, he is quite nice.

:24:37.:24:43.

He has done this and he has to pay for it.

:24:44.:24:46.

But you say the word rapist to someone

:24:47.:24:54.

and they think of a vile monster of a person and Tom isn't a monster.

:24:55.:24:59.

He is a boy who did a bad thing, but he is a boy.

:25:00.:25:04.

What the actual hell are you people talking about?

:25:05.:25:07.

I don't understand how anyone can verbalise that this isn't that bad.

:25:08.:25:19.

Have I actually done something and not known that I have done it?

:25:20.:25:26.

Because that boy, Tom, he knew what he was doing was wrong

:25:27.:25:28.

Because there are hundreds of different possibilities, you know?

:25:29.:25:34.

What's the chances that 24 people haven't done one of them?

:25:35.:25:37.

That was a six-minute version of a one-hour film.

:25:38.:25:40.

I gave you the three key questions - you may have just

:25:41.:25:43.

These are the results of the teenage panel and the voters.

:25:44.:25:53.

No, consent was not given, the teenagers and

:25:54.:26:00.

Well, we'll hear from the Director of Public Prosecutions for England

:26:01.:26:21.

and Wales in a minute, but I'm joined by two of the teenagers who

:26:22.:26:25.

A manual and Rosie. Thank you both. How did you vote? You voted for

:26:26.:26:38.

rape? And you thought it was rape? How do you feel about the sentence

:26:39.:26:42.

because at the end, he gets seven years. Did you feel that was a lot

:26:43.:26:47.

or not a lot for that to killer defence? I thought that it was

:26:48.:26:53.

justifiable. I thought that seven years is what he should have had and

:26:54.:26:58.

any more would have been too much because he is only a teenage boy

:26:59.:27:03.

after all but then loads of other teenagers thought it should have

:27:04.:27:08.

been longer. And some even thought he should not have any connection at

:27:09.:27:13.

all. What about you, Emmanuel? I thought, therefore doubly longer

:27:14.:27:19.

because seven years is not a short time, it is a long time in prison

:27:20.:27:23.

but for what he did, it comes back to the whole thing, whether it was

:27:24.:27:32.

rape. Once classified as rape, that means a proper sentence, not like

:27:33.:27:36.

six months or something suspended, it means appearing in jail. Even

:27:37.:27:41.

though most of you in the room thought that he probably believed he

:27:42.:27:48.

had consent, I do not know what you thought on that particular issue,

:27:49.:27:52.

but does that mitigate things at all? Well, I don't know, I changed

:27:53.:27:58.

my opinion so many times but in the end I did think he thought he had

:27:59.:28:04.

consent, which makes it a lot harder to see him as a rapist and as a

:28:05.:28:09.

criminal because he could justify his actions. I changed my mind the

:28:10.:28:16.

most, at first I was very firm on the fact that it was rape. Rosie, at

:28:17.:28:22.

some point, do you say that this is a familiar scene? But boys to

:28:23.:28:27.

themselves or try it on in some way? Yes. People might be surprised to

:28:28.:28:36.

think these rather unpleasant awkward scenes that end in something

:28:37.:28:39.

that could be called rape might be happening a lot? Teenagers will not

:28:40.:28:45.

be surprised. It happens at every party, you will see this time of

:28:46.:28:48.

thing happening. Kissing upstairs and downstairs. But there is a

:28:49.:28:53.

difference between guessing that grow in that situation in the video,

:28:54.:28:57.

but does happen because people do stay around but... The difference

:28:58.:29:03.

is, whether it gets taken to court and whether it then... Tell me this,

:29:04.:29:14.

if you had been Gemma, would you have gone to the police? No, because

:29:15.:29:20.

first of all, before I went on the show, I did not even know that oral

:29:21.:29:25.

sex could count as rape? You need to know that. It can. Would you go to

:29:26.:29:35.

the police, having seen that film? Yes, I would, with the knowledge I

:29:36.:29:38.

have got but I know that loads of girls would not because they would

:29:39.:29:42.

not think they would get anywhere with that, they would be asked, what

:29:43.:29:46.

were you wearing? Were you drunk? They would get blamed. I remember

:29:47.:29:54.

saying, if she went there, she would be treated as a suspect, you had

:29:55.:30:00.

your clothes taken off, and it is true, it does come down to things

:30:01.:30:05.

like that and for some women it can be treated like that but it should

:30:06.:30:09.

go to the police. One of the things that really struck me in the full

:30:10.:30:12.

version is how many of you talking about this were grappling for the

:30:13.:30:20.

word which was effectively half rape. Some of the courts, she did

:30:21.:30:27.

not consent but did not say no, he is not a rapist, even though he did

:30:28.:30:34.

rape her. I wonder if you see a spectrum? That is my point, it is

:30:35.:30:40.

not like saying someone is a murderer but they did not murder

:30:41.:30:48.

them. It is not 90% and 10%, that is why I answered the question in full,

:30:49.:30:53.

she was. Do you see this in black and white? I have to disagree, there

:30:54.:30:59.

are definitely different degrees of rape and it is so difficult because

:31:00.:31:03.

you do not know where to draw the line because it is not black and

:31:04.:31:07.

white but then, what do you call it? Thank you both very much indeed. And

:31:08.:31:11.

for that film, it was really good. Alison Saunders, the Director of

:31:12.:31:13.

Public Prosecutions, is here now. It is quite unacceptable to

:31:14.:31:20.

entertain the possibility that there are degrees of rape. Do you accept

:31:21.:31:25.

that lots of people who are not school in the law or history and

:31:26.:31:29.

debate the subject, they naturally do see that you can have a the %,

:31:30.:31:32.

20% or 50%? It's difficult, where do you draw

:31:33.:31:40.

the line? The impact on the victims is very much the same. I think

:31:41.:31:44.

that's really difficult. That's why we have one offence of rain and in

:31:45.:31:51.

order to change it, there would have to be a real adult debate about it.

:31:52.:31:55.

The idea that there's murder one and two in the states, and murder and

:31:56.:31:59.

manslaughter here. But murder and manslaughter are very different.

:32:00.:32:05.

Different intent. You don't see any reason to have a difference between

:32:06.:32:09.

a rape where someone says no and a rape where someone, if you like, is

:32:10.:32:13.

not saying no, but is not saying yes. She's saying no and that's a

:32:14.:32:18.

myth. People don't fight, they freeze and if you don't fight that

:32:19.:32:24.

somehow you're to blame. So she wasn't saying yes. She wasn't

:32:25.:32:29.

consenting in the video. That is rape. It's about sexual intercourse

:32:30.:32:35.

or some form of sexual activity with consent. In the film one of the

:32:36.:32:41.

things the defending barrister says to her is, "If you had just said no,

:32:42.:32:47.

this would be very clear cut." I'm sure a lot of guys will be thinking,

:32:48.:32:53.

I would like to know if this is not acceptable to you, then just you

:32:54.:32:56.

know can't I expect to you tell me and then I will... There are ways in

:32:57.:33:03.

which people react. That's a myth that people put up a fight. People

:33:04.:33:06.

always say no. Some people just freeze. That's their natural

:33:07.:33:09.

reaction. They just can't help it. That's what they do. They think it

:33:10.:33:14.

will be over and done with, I think as the girl said in the film, she

:33:15.:33:17.

would just stay there hoping it would be over and done with, if she

:33:18.:33:21.

did nothing. That is not giving consent. Sexual activity, have you

:33:22.:33:26.

to have consent. Tell me how you would have voted in the three

:33:27.:33:32.

things. Did she give consent? No. Because she was basically half

:33:33.:33:37.

asleep. Mostly asleep. Yes. Did he believe she'd given consent, that's

:33:38.:33:40.

the hardest question of the three. That's not the test, did he believe.

:33:41.:33:47.

It's about objectively would consent be given and was it given freely and

:33:48.:33:50.

with the capacity to give consent? If you look at it objectively. How

:33:51.:33:55.

did he think consent was given. She was asleep. Half asleep when he

:33:56.:33:59.

started kissing her. She didn't react. She lay there. So how did he

:34:00.:34:04.

believe that was consent? Isn't the question then that wouldn't a

:34:05.:34:07.

reasonable person believe he would have had consent. A reasonable

:34:08.:34:10.

person wouldn't have believed, so then it definitely was rape. Yes.

:34:11.:34:17.

Tell me, because it finishes the story, would you have imagined a

:34:18.:34:20.

sentence of seven years for an offence of that kind? There's lots

:34:21.:34:24.

of things we don't know, his previous convictions all those sorts

:34:25.:34:27.

of things. It may not have been quite seven years. So seven years is

:34:28.:34:31.

not unthinkable. It possibly would have been a bit less. In the film,

:34:32.:34:38.

the youngsters see a lot of, a few witnesses come, in a man accused of

:34:39.:34:42.

rape, who was the case was thrown out by a judge. Are you in any way

:34:43.:34:50.

ever sympathetic to the idea that defendants Shh... Should have

:34:51.:34:55.

anonymity. In that category it can be a great deal more damaging to the

:34:56.:35:01.

defendant than in other offences. I can understand why people would not

:35:02.:35:04.

wish to be named. We don't name people up until the point of charge.

:35:05.:35:09.

We never disclose their identity for obvious reasons. Once they're

:35:10.:35:12.

charged, it's a matter of public record. I can see how it would be

:35:13.:35:17.

quite traumatic for somebody especially if they're not convicted

:35:18.:35:22.

at the end of the day. I think you once said a myth persists that

:35:23.:35:26.

establishing whether someone is a willing sexual partner is

:35:27.:35:31.

complicated. The film, in Wei -- in a way, you don't think it makes it

:35:32.:35:34.

complicated at all. Is it really clear cut snrchlts I think the law

:35:35.:35:39.

is clear cut. There are misunderstandings around it. The

:35:40.:35:43.

film has shown that. That's why we did the social moda campaign to

:35:44.:35:47.

explain and get the debate. It's really good to see the film

:35:48.:35:51.

provoking that. What was reassuring was how close the public vote was

:35:52.:35:55.

around yes, it was rape and around the consent issue. Thanks very much.

:35:56.:36:05.

The Chancellor, George Osborne, is in Germany to discuss efforts to

:36:06.:36:08.

renegotiate Britain's relationship with the European Union.

:36:09.:36:10.

It's all part of trying to get a better deal for the Britain ahead

:36:11.:36:13.

of the referendum on the EU, the details of which are still

:36:14.:36:16.

And our political editor, Allegra, has some new details.

:36:17.:36:19.

It's news on the timing of the referendum. We're picking up

:36:20.:36:23.

information that suggests a referendum in all of 2016 could be

:36:24.:36:27.

pretty tricky and it leads back to the House of Lords again. Let me

:36:28.:36:30.

explain. It looks like the Lords are on the verge of giving 16 and

:36:31.:36:36.

17-year-olds the vote. The Labour leader in the Lords has told us this

:36:37.:36:39.

evening that it's likely this will go through. They have the support of

:36:40.:36:43.

the Lib Dems, some cross-benchers. They're hopeful it goes through.

:36:44.:36:48.

Also in the House of Commons, there are Tory MPs who says if it came to

:36:49.:36:54.

it he would vote for it. In the face of such support, the Government

:36:55.:37:00.

would be able to set their face against 16 and 17-year-olds getting

:37:01.:37:03.

the vote in the referendum. How does that affect the timing? Indeed, it's

:37:04.:37:08.

complicated. Today the Electoral Commission has told this programme

:37:09.:37:12.

if it were the case that you had 16 and 17-year-olds able to vote, it's

:37:13.:37:15.

a huge influx, hundreds of thousands of new voters. If that's the case,

:37:16.:37:22.

they expect 12 months to be put in place to allow registration,

:37:23.:37:25.

promotion to get the new voters into the system properly. If you imagine,

:37:26.:37:31.

what most people expect is that this legislation, referendum becomes

:37:32.:37:32.

legislation early next year, you could be looking at all of 2016

:37:33.:37:38.

knocked out. Now it's likely the Government will take the Electoral

:37:39.:37:43.

Commission seriously. They have done previously about the referendum.

:37:44.:37:45.

This will deeply irritate David Cameron and George Osborne. They

:37:46.:37:48.

didn't want this to dominate the first half of the Parliament. We

:37:49.:37:52.

should ask about this story, in the Times, Cameron backs down. And the

:37:53.:37:56.

Guardian. Backs down over plan to bomb Syria. A half denial from Nicki

:37:57.:38:05.

Morgan earlier, doesn't recognise the story. Downing Street have said

:38:06.:38:08.

to me this evening that it's nonsense, to use a technical phrase.

:38:09.:38:13.

That's their phrase. I should say, I have spoken to a source this evening

:38:14.:38:17.

that says the situation is very fluid and that these stories may not

:38:18.:38:21.

be too far off the mark. But they make the point that the Prime

:38:22.:38:25.

Minister's view back in the day, when we all thought he was certain,

:38:26.:38:28.

may not have been completely certain. Now it may be more fluid

:38:29.:38:35.

than we had been led to believe. Crispin Blunt, the chair of the

:38:36.:38:39.

Foreign Affairs Select Committee in Westminster, joins me now. Can you

:38:40.:38:43.

throw any light on this? It will be a humiliation for the Government

:38:44.:38:46.

having been pushing this quietly for months, retreating from it. Well,

:38:47.:38:53.

what's being said on the basis of unattributed briefings is up to the

:38:54.:38:56.

Government and whatever's happened in terms of briefings coming out of

:38:57.:38:59.

the Government. I can't speak to that. Alm I can say is that -- all I

:39:00.:39:05.

can say is my committee is publishing a report in 45 minutes

:39:06.:39:09.

giving our view on the merits of the Government coming to Parliament and

:39:10.:39:12.

asking us whether or not we should authorise the extension of air

:39:13.:39:15.

strikes into Syria from Iraq. What is your view, give us the top line,

:39:16.:39:22.

not the detail, just the top line? You know, I can't. It would be a

:39:23.:39:29.

breach of the embargo if I did. I would be quite properly in trouble.

:39:30.:39:34.

My concern is this story has developed this evening, is that it

:39:35.:39:38.

looks as though the Government may, might have been reacting to an

:39:39.:39:42.

embargoed copy of the report, which they've had during the course of the

:39:43.:39:45.

day in the same way that the press has. I think you're regarded as

:39:46.:39:52.

someone who's been sceptical of a Syria campaign. The report might say

:39:53.:39:57.

you're against it and they may now realise there can be no consensus in

:39:58.:40:01.

Parliament to support hay war in Syria. Would that be a reasonable

:40:02.:40:06.

version of events? That would be a reasonable interpretation of the

:40:07.:40:11.

positions of, public positions of members of the committee taken to

:40:12.:40:15.

date include myself and the comments that I have made. We'll have to wait

:40:16.:40:20.

45 minutes exactly what the agreed position of the foreign affairs

:40:21.:40:24.

committee is. We're very clear in our conclusion, I hope people will

:40:25.:40:28.

believe we are clear in our conclusion. People will have to take

:40:29.:40:32.

their view on the merits of the case as to whether or not Britain's going

:40:33.:40:36.

to make a useful contribution, if it extended its air strikes into Syria.

:40:37.:40:43.

If the Government can't persuade you, there's never anything close to

:40:44.:40:47.

a vote in the Commons that would get that through, is there? Effectively

:40:48.:40:51.

the line they've taken tonight which is - we remain committed to this if

:40:52.:40:55.

we can get consensus, just means we're not going to pursue a vote. It

:40:56.:41:00.

has to mean that. We need to get out of the view of looking at this from

:41:01.:41:04.

the House of Commons and from London. It's a little issue about

:41:05.:41:08.

whether the United Kingdom extends the operations of eight planes from

:41:09.:41:11.

Iraq into Syria. What's a big issue is whether or not there's

:41:12.:41:17.

international consensus on bringing the contesting Syrian parties and

:41:18.:41:21.

the Civil War to a settlement and whether there's then consensus on

:41:22.:41:26.

how to progress an operation to defeat ISIS, taking an occupying a

:41:27.:41:29.

territory they currently hold in Syria and Iraq. Those are the big

:41:30.:41:33.

questions. And those big questions are now beginning to shift. We have

:41:34.:41:37.

saw it quickly, the Russian intervention has changed the

:41:38.:41:41.

dynamic. They've now got an interest in getting a settlement. Otherwise

:41:42.:41:44.

they're in for the long haul of defending the Syrian government in

:41:45.:41:47.

the region. We've seen this developing over the weekend in

:41:48.:41:53.

Vienna. The committee agreed this report on Thursday. The line I've

:41:54.:41:59.

been taking on an embargo basis today and will be taking tomorrow

:42:00.:42:02.

with the media has to take into account what happened in Vienna over

:42:03.:42:05.

the weekend and what's developing in Vienna is quite hopeful. Thanks

:42:06.:42:09.

vouch. -- thanks very much. That's about it

:42:10.:42:12.

for tonight. It's 46 days to the release of the

:42:13.:42:17.

new Star Wars film, and, of course, we'll be tracking the countdown

:42:18.:42:21.

with the fans, every chance we get. Starting with this from Mister James

:42:22.:42:24.

K Crowther and his hoverboard. Still some nasty fog out there

:42:25.:42:54.

tonight and indeed into the morning as well.

:42:55.:42:56.

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