03/11/2015 Victoria Derbyshire


03/11/2015

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Good morning. A review of whether more formal tests should be taken in

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England. Some changes will be announced by Nicky Morgan today.

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Reaction from parents and teachers. Plus, how much do young adults

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understand about sexual consent? It can be your friends, people you

:00:33.:00:36.

trust. That is the main thing which I really think I've learnt because

:00:37.:00:41.

it's a worry that it's every day people who can end up doing what is

:00:42.:00:43.

classed as rape. And South African judges ask whether

:00:44.:00:58.

Oscar Pistorius should have been convicted of murder rather than

:00:59.:01:01.

manslaughter. We'll bring you the latest.

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Hello, welcome to the programme, we're on BBC 2 and the BBC News

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Throughout the programme we'll bring you the latest breaking news

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A little later we'll hear about life for some

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of the people who've defected from North Korea to South Korea.

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And we'll discuss what the Government's new surveillance

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As always really keen to hear from you on all the subjects we're

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Texts will be charged at the standard network rate.

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And of course you can watch the programme online wherever you

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Nicky Morgan will announce our website bbc.co.uk/Victoria.

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Nicky Morgan will announce recruit 1500 teachers to

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Nicky Morgan will announce introduced to under-achieving

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schools. Here is what she told Newsnight. Let me be clear.

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schools. Here is what she told absolutely no change. We want to

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know the progress students are making from the reception baseline

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test that we have introduced this year when they start primary school,

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all the way through to Key Stage two tests at the age of 11. We want to

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make sure that we are able to monitor that progress so the tests

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that 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

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not. So anybody who has in the last 48-hours printed a story saying

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somehow there's some sort of change, they have been led on a merry dance.

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After another set of pledges, let's take a look at how many changes

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there have been over the last 20 years or so.

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So after another set of pledges from another Education Secretary,

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let's take a look back at just how many changes there have

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When the Labour Party swept to power at the 1997 General Election,

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one of their main mantras was "Education, Education,

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Education" and Tony Blair appointed David Blunkett to the top job.

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In 2000, he introduced the City Academies programme

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which created state schools free of local education authority control.

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Blunkett also abolished the Assisted Places Scheme

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which paid the independent schools fees of bright pupils whose parents

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In 2006 the Labour Education Secretary Alan Johnson announced

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that the school leaving age would be raised from 16 to 18.

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This was then bought in by the coalition Government in 2013.

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When Labour's Ed Balls took the job in 2007 he announced that

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a move broadly welcomed by teachers and parents.

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When the coalition Government came to

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power in 2010 one of Conservative's Michael Gove's first measures was to

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allow any existing state schools turn themselves into academies.

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He went onto to introduce a new national curriculum for both

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He reinstated authors like Charles Dickens and Jane Austen to

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reading lists, made it compulsory to study a foreign language up to

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the age of 16 and gave the league-tables a shake-up.

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Mr Gove also wanted a longer school day and shorter holidays

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but these plans were firmly rejected and caused backlash from teachers.

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Enter the current Education Secretary, Nicky Morgan.

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Not too much has changed policy wise but there's been a big change

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She appeared to criticize Mr Gove's way of working saying she wanted

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a partnership with teachers not a war of ideas.

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In January this year she dropped international GCSE's

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And in February, she ended the policy of giving universities

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Let's talk now to parents Janey Holliday and Arnie Krogh and

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also here is Kathryn James, Deputy General Secretary of the National

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And from their schools, Olivia Bradford is a Primary School

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What Nicky Morgan is going to annoyance is a consultation at

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whether tests at the age of seven should be marked externally and made

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much more formal and that most teenagers will be expected to study

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maths, English, science, a foreign language and history or geography to

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GCSE. What do you think of the ideas? Let's start with the primary

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tests. What I'm most disappointed about is that this is yet again

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Tinkering around the edges. We have another test being looked at, we

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have had a baseline check introduced, a phonics check

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introduced, spelling, punctuation and grammar introduced, different

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stages at Key Stage two and we have not had a coherent approach or

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coherent look at primary assessment and we really need to get there.

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What would be the big deal with tests that seven-year-olds are

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already doing being marked by external assessors? I think what we

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don't recognise is the fact that actually the tests have strong

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limitations, they cause anxiety anyway and some children don't

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perform well in tests. What we want to do is see the professionals, the

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teachers here, who actually understand that what the children

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are going through, we want to see them. All teachers are assessing

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every minute of the day that they are teaching and they use tests

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happily within their lessons. Formalising them puts a different

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structure completely on the way that they use them, raising the levels of

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anxiety. We want to value the professional judgment and we ought

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to be using that. What Nicky Morgan says is, if you

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don't track primary schools properly, then if a child slips

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through the net, it's really, really difficult for that child to then

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catch up. As a parent, do you accept that? I just want my children and in

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fact all children for that matter to be happy and relaxed at school, to

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focus on their strengths, not weaknesses, have good self-esteem

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and to not be labelled by any tests or standards or levels. I want my

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children to be relaxed and their teachers to do a really, really good

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job. So that's my opinion on that. Happy children are happy students.

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When you are happy, you will learn your subjects much more easily. Is

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there any evidence that seven-year-olds are unhappy because

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of this short, not very rigorous test that they take at seven when

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they, most of the time, won't even know they are taking a test? 100%.

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As well as being a parent to seven-year-old twins, I'm a

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lifestyle coach and I coach mums. The pressure that mums feel, the

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conversations that go on in the playground, conversations between

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teachers, the amount of primary school tutoring is on the increase

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all over the country. That's down to the parents though? Bhueptly, but

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children are aware of the tests and the pressures they are under --

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absolutely. I coach parents who've got stressed, anxious five, six and

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seven-year-olds and I just think it's absolutely awful. Education

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should be a thrill. Olivia, as a primary schoolteacher, do you

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recognise this picture that our two parents here are describing? I think

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I sympathise with it, I agree that that definitely can happen. I taught

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year two, which is the year they are talking about, last year and I'm

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teaching year six now. The final year of primary school? Exactly,

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yes. My feeling is that, I think a lot of the stress does get put on to

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children by teachers and parents. For example, my children last year

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did not know they took their SATs, they sat down and did a paper that

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day and off it went, we didn't tell the parents when the SATs were

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happening. And that is a good thing? We just did it. So what you are

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saying, from a teacher's point of view, it can be done, there doesn't

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need to be pressure because you don't describe it as a test, don't

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talk about it particularly, don't let the parents know and the child

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turns up that day and they are just doing something lightly different

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from a normal lesson? As someone said earlier, of course as teachers

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we assess all the time so they will have all experienced some kind of

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test at some point so we say, we are going to do this today and we sit

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down and do it. They'll all have done maths and spelling and grammar

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before so it's not something we throw on them and they are going to

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think, I've never done this before in my life. Equally, it's not

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something we make a huge deal of. I totally accept there are a lot of

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places where that does happen but that is 100% down to teachers and

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parents putting that pressure on children, it doesn't need to happen.

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Teachers and parents have got a bit to chew over here, it's their fault?

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I think Olivia is right that between teachers and parents, that is where

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it is. If we start about a formal externally marked assessment or test

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rather, that changes the whole structure and it does change the

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baseline and that I think will encourage more stress because what

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we are doing is actually testing children and putting seven-year-olds

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through a test to hold the schools accountable. That can't be rightment

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Or as Nicky might say, to see what progress is made with children

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between the age of reception and seven. Absolutely. You need to look

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at the progress they are making and I think the biggest disappointment

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is the fact that what we are not doing is looking at the way the

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assessment system building together. You have got older children. I want

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to ask you about the core subjects that I think the education second

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secretary is looking at. 90% taking history, geography, English, maths,

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science. Is that a good idea or not, 60% do them currently? I think core

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sub jokes do need to be caught. At the same time, we must remember not

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all children are academic and not all will do well in maths and

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sciences. But they are still going to have the take them? Yes, but we

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shouldn't take away the Mickey Mouse courses because maybe going to get

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the tops will Can you think of one that is Mickey Mouse? I can't. My

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issue with the EBacc is the fact that what we are doing is penalising

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children who're on a very strong academic stream, but actually may

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not, for example, be doing history or geography or they may be doing

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RE, music, they could be doing astrophysics for goodness sake, but

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actually if they don't fit into "this" prescribed structure, the

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pupils and schools will be penalised.

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Is that what you think? Yes. You have got the progress eight measure,

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use that. If only we had time to go into that!

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Maybe another day but thank you very much. Olivia, thank you very much to

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you as well from your primary school.

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The Prime Minister's under pressure to drop plans for a Commons vote

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on air strikes in Syria, after an influential committee

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of MPs rejected further military intervention, at the moment.

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Let's talk to our Political Correspondent Norman Smith at

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Westminster. What's happening here, what's changing, what's shifting? We

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have this report which is a real zinger of a report because the MPs

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on the Foreign Affairs Committee do not mince their words, they say

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bluntly that mill tar action by Britain in Syria wouldn't make much

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difference. -- military. They also warn if we did join in, that could

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add to the chaos on the ground. They question whether it would be even

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legal for Britain to join in and they suggest it could undermine the

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diplomatic clout if we were seen to be militarily involved. They also

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question as to whether the desire of Mr Cameron for military action is

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because he wants to be seen to be doing something, so their message is

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pretty clear. They do not believe we should be involved. Let me give you

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the conclusions of their report. They say, we believe there should be

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no extension of British military action in Syria unless there is a

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coherent international strategy that has a realistic chance of defeating

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Isil and ending the Civil War in Syria. A clear message to David

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Cameron, don't go there, forget it. This is a Conservative dominated

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committee don't forget so you would think naturally sympathetic to Mr

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Cameron. The chairman of the committee, Crispin Blunt, said it

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would be unfair to the military to ask them to get involved when there

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was no clear commit strategy. This is what he said. This is not about

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answering the instinct that something must be done because it's

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awful. This is about answering the question what needs to be done to

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achieve our objectives. We owe it to our military, only to employ them

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when there is a clear plan that is achievable. One report very

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obviously isn't going to change everything. But when you put it

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together with a lot of other thing going on at Westminster, you get the

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sense that the prospect of Britain getting involved in military action

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in Syria is now receding almost into never never land. One of the

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arguments from the Defence Secretary Michael Fallon was that it

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arguments from the Defence Secretary ill logical that Britain was

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involved in bombing Isil in so-called Iraq but not in

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neighbouring Syria. so-called Iraq but not in

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stands doesn't it? Yes, there is no doubt that David

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stands doesn't it? Yes, there is no Fallon, the Foreign Secretary,

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stands doesn't it? Yes, there is no border and turning around, it just

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makes border and turning around, it just

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simply cannot win border and turning around, it just

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in Syria. Let me show you some of the front-pages which are worth

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looking at. The Times; Cameron backs down over plans to bomb Syria. The

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Guardian similarly, Cameron, UK won't bomb Syria. FT similar story.

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They are saying Downing Street's taken a formal decision to aBonn Don

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the idea of military strikes in Syria. Talking to folk at Number

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Ten, they say absolutely not true, we have not abandoned the plan.

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In a funny sort of way, both these stories are true. The political

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reality is there is no chance of Mr Cameron being able to win such a

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vote. There is no sign of masses of rebels rallying to the side of him.

:16:31.:16:36.

The Russian involvement has usually, the gated the argument. The

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sense is there is no appetite in Westminster to engage in military

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action. Realistically it is off the agenda. We will speak later to the

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Conservative MP who led the rebellion and a Syrian political

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activist. And what's life like

:17:00.:17:02.

for those who manage to escape Do teenagers really

:17:03.:17:05.

understand what sexual consent is? We'll be talking to a group

:17:06.:17:13.

of young people Seven year olds may once again have

:17:14.:17:15.

to sit national tests - as part of the Government's plans to improve

:17:16.:17:21.

school standards in England. The exams for Year Two pupils were

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scrapped when Labour was in power, but now the Education Secretary

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Nicky Morgan will consult on It's one of several measures she'll

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outline today including recruiting a pool of elite teachers to work

:17:31.:17:34.

in areas with low exam results. Teachers are assessing every minute

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of the day. They used tests within lessons. Formalising and puts a

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different structure completely on the way they are used. Levels of

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anxiety are increased and people are teaching for the test, which is what

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we want to do away with. The British government is coming

:18:04.:18:07.

under increased pressure to abandon plans to seek parliamentary approval

:18:08.:18:10.

to launch air strikes in Syria. The Foreign Affairs Committee of MPs

:18:11.:18:13.

has come out strongly against Downing Street has rejected several

:18:14.:18:15.

reports from newspapers saying he's failed to convince enough Labour MPs

:18:16.:18:19.

to support British bombing raids against Islamic State targets there,

:18:20.:18:21.

as well as in Iraq. A South African appeal court has

:18:22.:18:24.

begun considering whether Oscar Pistorius should have been

:18:25.:18:26.

convicted of murder - not manslaughter - for shooting his

:18:27.:18:28.

girlfriend Reeva Steenkamp in 2013. The athlete is currently under house

:18:29.:18:35.

arrest having served one year A murder conviction could see him

:18:36.:18:37.

sent back to prison for 15 years. The first nine bodies of the victims

:18:38.:18:46.

of Saturday's Russian plane crash Investigators are still trying to

:18:47.:18:48.

piece together what happened to the airliner carrying 224 people

:18:49.:18:53.

when it came down, Yesterday airline officials said

:18:54.:18:57.

an "external influence" Fog is continuing to cause travel

:18:58.:19:01.

disruption in parts of the UK The Met Office says it could affect

:19:02.:19:17.

parts of England and Wales Heathrow Airport cancelled

:19:18.:19:21.

129 flights yesterday. Other airports

:19:22.:19:23.

across the country were also facing Let's catch up with all the sport

:19:24.:19:25.

now. I am delighted to say we will have a

:19:26.:19:33.

world champion joining us at 10am. Max Whitlock is the

:19:34.:19:46.

1st British man to win the World Gym He beat teammate Louis Smith

:19:47.:19:49.

by a 10th of a point! His success reflected what

:19:50.:19:54.

a brilliant GB team performance it was. How did they

:19:55.:20:15.

become so successful? Cricket... Day 3 of the third and final

:20:16.:20:17.

Test betweem England amd Pakistan is under way. England were 306 all

:20:18.:20:20.

out 1st innings. A few moments ago, they were 3-0.

:20:21.:20:22.

Ben Stokes has a confirmed collar bone injury. He did bat and managed

:20:23.:20:46.

ten balls then was bowled out. Next, a rare insight into life

:20:47.:20:51.

for people who manage to escape the secretive state of North Korea,

:20:52.:20:55.

a country whose leader is accused of being a dictator, presiding over

:20:56.:20:58.

systematic human rights abuses and whose people are subject to

:20:59.:21:01.

strict controls and poverty. So perhaps it's no wonder then that

:21:02.:21:03.

over the last 60 years around 25,000 North Koreans have

:21:04.:21:08.

taken huge risk to defect to South We'll find out a little more about

:21:09.:21:11.

their new lives in just a minute but first, here's this guide to the life

:21:12.:21:17.

they're escaping in North Korea. To China, what happened to her there

:21:18.:21:29.

was in many ways much worse than Yeon-mi has written

:21:30.:21:32.

an autobiography called "In Order To Live", which she hopes will

:21:33.:21:35.

help people to understand what life is really like for the millions of

:21:36.:21:38.

people in North Korea and the danger We will speak to her in a moment,

:21:39.:21:42.

but first this report What is life like for those who

:21:43.:25:02.

managed to defect from North Korea to South Korea. They come in hope.

:25:03.:25:13.

In the capital of the South, North Korean defectors get married in a

:25:14.:25:20.

mass ceremony. They arrive with virtually nothing. The Government

:25:21.:25:25.

pays for a grand wedding for 100 defect to couples. He says, it has

:25:26.:25:32.

been a really hard journey to get here. Everything is unfamiliar. We

:25:33.:25:37.

are grateful our wedding is being paid for. But the honeymoon may not

:25:38.:25:43.

last long. Reality for defectors is tough. This is him Songiil second

:25:44.:26:02.

line of business. He is selling chicken pieces he hopes this is the

:26:03.:26:06.

1 that works. It has been a hard slog. When my earlier businesses

:26:07.:26:15.

failed, I tried to Gil myself three times. I kept remembering how I'm

:26:16.:26:22.

risked my life just to get here. South Korea is one of the most

:26:23.:26:27.

competitive countries in the world. People trying to get ahead of each

:26:28.:26:32.

other. The suicide rate is the highest in the developed world. The

:26:33.:26:35.

suicide rate for defectors is three times the national average. This

:26:36.:26:45.

woman is 45 years old and from North Korea. She defected to the South

:26:46.:26:49.

four years ago. Now she wants to go back. She says the materialism of

:26:50.:26:55.

the South is not as precious as back. She says the materialism of

:26:56.:27:01.

family. She wants to go back to the north, even if it means she starves.

:27:02.:27:08.

But there are successes. North Koreans who have made the dangerous

:27:09.:27:14.

journey south and succeeded. This North Korean defector makes burritos

:27:15.:27:20.

and profits in South Korea. She has enterprise written right through

:27:21.:27:25.

her. In an all she had never heard of this classic, Mexican dish. When

:27:26.:27:32.

she reached South Korea, she got the job selling kebabs, meet in a role,

:27:33.:27:37.

and thought Rice would suit Korean taste. She had invented a Korean

:27:38.:27:43.

style burrito and it sold like hot cakes. When I first arrived, the

:27:44.:27:50.

South seemed so different. It could have been in America. In order to

:27:51.:27:56.

succeed, I had to learn everything from scratch. This school for

:27:57.:28:03.

defectors addresses that need for a job. It is run by a church but the

:28:04.:28:09.

nonreligious message is, learn the skills that will make you employable

:28:10.:28:15.

in the capitalist South, where there is discrimination against North

:28:16.:28:18.

in the capitalist South, where there Koreans. Skills like making Coffey

:28:19.:28:23.

to get a job in a restaurant. Grand dreams do not pay

:28:24.:28:26.

to get a job in a restaurant. Grand philosophy, wages do. On South

:28:27.:28:34.

Korean TV, there is a show for defectors who tell their harrowing

:28:35.:28:41.

stories. The programme has changing attitudes towards North Koreans

:28:42.:28:48.

among South Koreans. We will be able to see the North Koreans as

:28:49.:28:52.

ordinary, like themselves. They have the same basic concerns and be

:28:53.:28:54.

relatable. That the same basic concerns and be

:28:55.:28:58.

Korean refugees arriving here and will help interaction between the

:28:59.:28:59.

north and south the future as well. Defecting from tyranny is not easy.

:29:00.:29:12.

It can also mean defecting from your friends and family. But still they

:29:13.:29:19.

come, 1400 last year. The pain of uncertainty and change to a

:29:20.:29:22.

different world does not put defectors.

:29:23.:29:27.

Should Oscar Pistorius have been convicted

:29:28.:29:29.

The former Labour Home Secretary, Jack Straw, has contradicted

:29:30.:29:42.

his party's leadership by telling this programme there's no need for

:29:43.:29:44.

There are huge safeguards about this. I know of no case where any

:29:45.:30:02.

Home Secretary or Foreign Secretary has abused the process. The process

:30:03.:30:07.

is so tight I think it would be impossible to abuse it. A Home

:30:08.:30:11.

Secretary cannot think, I want to put a tap on to this person's

:30:12.:30:16.

telephone. You can only do that if there is an application by law

:30:17.:30:18.

enforcement agency. Tomorrow,

:30:19.:30:20.

the Government's introducing the latest in a series of attempts

:30:21.:30:21.

to update the law to grant police and intelligence officers new powers

:30:22.:30:25.

to monitor suspects online. At the moment, those warrants are

:30:26.:30:27.

signed off by the Home or Foreign Secretary, but Labour and some

:30:28.:30:30.

Conservative backbenchers, want the What exactly are the changes and why

:30:31.:30:32.

are they needed? The Conservatives have been trying

:30:33.:30:45.

to reform the way the police and security services access

:30:46.:30:53.

communications data - that's on the internet,

:30:54.:30:55.

phones and messages since 2012. Then, though, they were

:30:56.:30:57.

in coalition with the Lib Dems, Under the original idea, telecoms

:30:58.:30:59.

and internet service providers like BT or Virgin would have been

:31:00.:31:03.

paid to log their customers' e-mails, internet use and other

:31:04.:31:05.

correspondence so it could be easily It was known as the Draft

:31:06.:31:08.

Communications Data Bill or the Here's what the then Lib Dem leader

:31:09.:31:19.

Nick Clegg said What people have dubbed

:31:20.:31:22.

the snooper's charter, I have to be clear with you, that

:31:23.:31:27.

will not happen. In other words,

:31:28.:31:29.

the idea that the government will pass a law that means there would be

:31:30.:31:31.

a record kept of every website you who you communicate with on social

:31:32.:31:35.

media sites, that will not happen. But as you know the Lib Dems aren't

:31:36.:32:11.

in power anymore, so there's no The Home Secretary, Theresa May,

:32:12.:32:14.

told BBC 1's Andrew Marr the current plans aren't the same

:32:15.:32:18.

as the ones she tried to introduce We won't give powers to go through

:32:19.:32:31.

people's history. That's not what the investigatory powers bill is

:32:32.:32:34.

about. What are the differences then?

:32:35.:32:35.

The new bill won't let police call up your browsing history page

:32:36.:32:39.

by page, but they will be able to find out which sites you visited.

:32:40.:32:43.

Type in this, for example, and they'd know you'd been to the

:32:44.:32:47.

It's thought the new law will say this data must be kept for a year.

:32:48.:32:55.

To find out more than that, police and spies would need a warrant.

:32:56.:32:58.

If judges aren't involved in awarding those warrants then

:32:59.:33:03.

Labour will fight the plans, as will some Conservatives.

:33:04.:33:06.

The security services say a change in the law is essential

:33:07.:33:08.

because advances in technology are allowing terrorists to communicate

:33:09.:33:13.

The head of MI5 Andrew Parker told the Today programme last month

:33:14.:33:20.

that it was becoming more difficult to obtain online information.

:33:21.:33:24.

We need to be able to do in the modern age what we have always done

:33:25.:33:32.

through our history in being able to find and stop people who threaten

:33:33.:33:35.

the UK and mean harm to the public. That means that we need to be able

:33:36.:33:41.

to monitor the communications of terrorists, spies and others, we

:33:42.:33:46.

need to be able to obtain data about their communications and other

:33:47.:33:49.

information about them, but through all this, I think the important

:33:50.:33:53.

thing to say is that we are focussed on the people who mean us harm, we

:33:54.:33:59.

are not about browsing through the private lives of the citizens of

:34:00.:34:03.

this country. We do not have population scale monitoring or

:34:04.:34:06.

anything like that. We are focussed on behalf of the public against

:34:07.:34:12.

those who mean us harm and the powers that the Government is

:34:13.:34:16.

considering and are being drafted now will be discussed and decided by

:34:17.:34:20.

Parliament, not by me, will be powers that are about doing that in

:34:21.:34:26.

the modern age. For me, perhaps the most important thing is that there

:34:27.:34:30.

is clear and transparent explanations of the sort of things

:34:31.:34:32.

we do. The Government says the changes are

:34:33.:34:33.

needed because terrorists and criminals are communicating more and

:34:34.:34:37.

more online rather than on phones. Earlier, I spoke to the former

:34:38.:34:40.

Labour Home Secretary, Jack Straw, who was responsible for the

:34:41.:34:43.

Regulation of Investigatory Powers Act, the law that currently dictates

:34:44.:34:47.

how the police and security services He told me why he thought

:34:48.:34:50.

the new legislation was needed. Yes, I do. The reason for this is

:34:51.:35:01.

that the current legislation, which I introduced 16 years ago, was

:35:02.:35:08.

analogue legislation, this was in 1999 when the Internet was

:35:09.:35:12.

absolutely in its infancy and indeed had only been established a couple

:35:13.:35:17.

of years before. Nobody had interactive computers in their

:35:18.:35:22.

pockets in the way they do now. We did our best to modernise the

:35:23.:35:27.

legislation and to make it durable for the future. 15, 16, 17 years

:35:28.:35:34.

after the ideas in what is the regulation investigatory powers act

:35:35.:35:38.

were formed, the world has completely changed because of the

:35:39.:35:41.

Internet and you need new legislation to cope with this. Are

:35:42.:35:47.

you happy about the oversight that warrants will be required for the

:35:48.:35:52.

authorities to look at a person's web browsing history and should a

:35:53.:35:55.

politician sign off that warrant or a judge? There are certain

:35:56.:35:59.

circumstances where at the moment the Home Secretary or the Foreign

:36:00.:36:04.

Secretary who signs off warrants for telephone intercepts, not for

:36:05.:36:07.

anything else so far as the police are concerned and for surveillance

:36:08.:36:12.

intercepts, also for the intelligence and security agencies,

:36:13.:36:14.

but there's a lot of mists about this. These warrants which are

:36:15.:36:18.

signed off you say by a politician, are signed off in very controlled

:36:19.:36:28.

circumstances and are subject judicial scrutiny which is

:36:29.:36:30.

retrospective. A lot of myths about this. I want to see what the shock

:36:31.:36:34.

proposing but one thing I want to reassure people about is that the

:36:35.:36:38.

current system where the majority of warrants are in any event signed off

:36:39.:36:42.

for example for surveillance by the police signed off in a judicial

:36:43.:36:46.

process and much else besides, but telephone intercepts and one or two

:36:47.:36:50.

other areas are controlled initially by the Home Secretary or the Foreign

:36:51.:36:54.

Secretary, that there are huge safeguards about this and I know of

:36:55.:37:00.

no case where any Home Secretary or Foreign Secretary, of whatever

:37:01.:37:04.

party, has abused the process. Indeed, the process is so tight that

:37:05.:37:07.

I think that it would be imfootball abuse it. The Home Secretary can't

:37:08.:37:11.

wake up in the morning and think, I want to put a tap on this person's

:37:12.:37:15.

telephone. You can only put a tap on a phone if there's an application by

:37:16.:37:21.

a law enforcement agency. The law requires that the officials and the

:37:22.:37:27.

Home Secretary or the Secretary of State for Foreign Affairs are

:37:28.:37:30.

personally satisfied that it's not only proportionate but necessary to

:37:31.:37:33.

do this and there's no alternative way of gaining that information. And

:37:34.:37:37.

then, to concentrate the mind, you have got a senior retired normally

:37:38.:37:43.

Court of Appeal judge who scrutinises every warrant

:37:44.:37:45.

application that you have signed to check whether you have done it

:37:46.:37:50.

properly. So it's a system which has worked pretty effectively. I

:37:51.:37:54.

understand some of the ostensible concerns about this, but it also has

:37:55.:37:58.

the advantage of speed and there's another area which is national

:37:59.:38:05.

security where even David Anderson, the Government's adviser on

:38:06.:38:08.

Counter-Terrorism and things like that in his report, although he

:38:09.:38:13.

recommends that the main judges should do this, he accepts when it

:38:14.:38:17.

comes to national security, the contentious area, it should in

:38:18.:38:20.

practice be the Secretary of State who makes the application with a

:38:21.:38:23.

judge, so far as I can tell just having a role of ticking the box.

:38:24.:38:29.

This is a complicated area but no-one should believe that the

:38:30.:38:34.

present system has been abused or is open to abuse because it is not.

:38:35.:38:41.

It's judicially supervisedment supervise -- super vied.

:38:42.:38:52.

Does this not put you at odds with your party leader who wants

:38:53.:38:54.

authorisation from a judge, not just a politician? What my party does in

:38:55.:38:58.

Parliament is a matter for them and I'm not telling them what to do, all

:38:59.:39:03.

right, and I'm not seeing the detail of the legislation so I can't

:39:04.:39:07.

comment in detail on precisely what is in this Bill and I'm not a

:39:08.:39:08.

politician any more. is in this Bill and I'm not a

:39:09.:39:12.

saying is that what needs to be taken into account here is

:39:13.:39:16.

saying is that what needs to be current system of

:39:17.:39:21.

saying is that what needs to be Secretary or the Foreign Secretary

:39:22.:39:21.

and, for example, the Northern Secretary or the Foreign Secretary

:39:22.:39:23.

Ireland secretary, but in controlled circumstances and with

:39:24.:39:30.

retrospective judicial supervision which is tough, by the way, works

:39:31.:39:35.

and has worked very successfully in this country.

:39:36.:39:40.

and has worked very successfully in known case of abuse that I can think

:39:41.:39:42.

Nigel, to British citizens have who's a former Assistant Chief

:39:43.:40:05.

Nigel, to British citizens have anything to worry about from this

:40:06.:40:08.

new legislation? I think probably not. If you look at what is

:40:09.:40:13.

happening, essentially it's a rationalisation of different pieces

:40:14.:40:18.

of legislation that have been around for several years and evolved. The

:40:19.:40:23.

idea is to bring these all together into one simple easily understood

:40:24.:40:27.

piece of law. They are not asking for any additional powers. I think

:40:28.:40:31.

the one thing that is being asked for is this access to Internet

:40:32.:40:37.

browsing records for one year. But what we are looking at here is

:40:38.:40:41.

essentially no more than giving the police the online equivalent

:40:42.:40:47.

essentially no more than giving the bill. Do you agree with that? Of

:40:48.:40:49.

course, we bill. Do you agree with that? Of

:40:50.:40:53.

and the Home Office have been burning the Midnight oil working on

:40:54.:40:57.

the detail of this bill because it's a very complex and challenging area,

:40:58.:41:01.

even for lawyers and legislators, it's hard to understand the current

:41:02.:41:04.

legislation. One of the functions of the new draft bill is to consolidate

:41:05.:41:09.

the legislation and make it more readily accessible. I'm not so sure

:41:10.:41:15.

that we can be confident that there won't be challenges for civil

:41:16.:41:18.

liberties issues in this Bill. Of course it's the first duty of the

:41:19.:41:22.

state to protect citizens and make sure they are secure from terrorism

:41:23.:41:24.

and serious crime. But we have to balance that with the state's duty

:41:25.:41:29.

to protect people's civil liberties, human rights and rights to privacy.

:41:30.:41:34.

OK. Mark? There is a lot in that. My concern I guess is that I think it's

:41:35.:41:39.

clear that there are going to be more powers required and part of

:41:40.:41:42.

that is down to changes in technology. Nigel is right, there is

:41:43.:41:47.

also a demand that there should be a consolidating bit of legislation,

:41:48.:41:50.

partly because public confidence has been slightly shaken, even in this

:41:51.:41:53.

country and certainly in other parts of the world by a lot of revelations

:41:54.:41:58.

that Kim out with the so-called Snowdon revelations in the Guardian.

:41:59.:42:01.

-- that came out. You are all making it sound like

:42:02.:42:05.

it's just a formality, just updating the legislation to keep up with

:42:06.:42:09.

technology? There is an element of that. Right to consolidate it

:42:10.:42:16.

because there is a risk that the Security Services could arbitrate

:42:17.:42:20.

the legislation to go in a particular direction. We have an

:42:21.:42:24.

exceptionalist approach in the UK in relation to politicians deciding,

:42:25.:42:28.

the idea that a minister, the Home Office Minister or Foreign Secretary

:42:29.:42:32.

Philip Hammond essentially being able to have that authorisation,

:42:33.:42:36.

rather than going through it at a judge-led system. Almost all of our

:42:37.:42:42.

Western intelligence countries, the US, New Zealand, Australia and

:42:43.:42:51.

America, they look at the approach -- and Canada. Theresa May is going

:42:52.:42:56.

to have to go some way in the direction, having a two-stage

:42:57.:43:01.

process as suggested by David Anderson whereby ministers in an

:43:02.:43:04.

urgent situation will make a decision about whether someone

:43:05.:43:08.

should be under surveillance and that gets judicial consent.

:43:09.:43:15.

Retrospectively, yes. Why is it any more difficult to wake up a judge in

:43:16.:43:18.

the middle of the night to get something moving quickly than to

:43:19.:43:22.

wake up the Home Secretary? Well, it isn't and what I would say is that

:43:23.:43:26.

this legislation is far more than just a formality. There have been a

:43:27.:43:32.

number of reviews preceding it and David Anderson QC, the Government's

:43:33.:43:37.

independent reviewer of terrorism legislation has made key

:43:38.:43:39.

recommendations, one was that there should be judicial oversight of the

:43:40.:43:43.

granting of warrants. He said it was one of the easiest conclusions to

:43:44.:43:46.

him to reach and he pointed to the fact that that's what most other

:43:47.:43:49.

countries in the world do, particularly the other countries in

:43:50.:43:54.

the five Is. Nige Elle, you used to work for MI6, does it matter to your

:43:55.:43:58.

colleagues if the Prime Minister signs off a warrant to look at

:43:59.:44:06.

website history or browsing history? Ultimately it doesn't make that much

:44:07.:44:09.

difference provided they can be confident of getting the speed of

:44:10.:44:13.

access they need when they need it. It's about being able to get hold of

:44:14.:44:17.

somebody to make that decision rapidly. A lot of this is being

:44:18.:44:22.

driven by the global communication service providers, the cosy

:44:23.:44:25.

relationship they have had with Security Services and Governments

:44:26.:44:28.

was very much exposed with what happened by Snowdon and they are

:44:29.:44:32.

driving to a large extent this push for a global protocol. Their

:44:33.:44:36.

cooperation is essential. Let's go back to first principles here, the

:44:37.:44:41.

reason we have the powers is for protection of national security,

:44:42.:44:43.

protecting the individuals out there and I don't think we should forget

:44:44.:44:49.

that. That isn't to say we want widespread powers for politicians or

:44:50.:44:53.

even for a judiciary, we need to have more transparency on this,

:44:54.:44:57.

ultimately a lot of change with this particular legislation is being

:44:58.:45:00.

driven by desires of Internet service providers. Let me read you

:45:01.:45:05.

some comments from people watching: A texter says keep politicians out

:45:06.:45:09.

of any decision on whether a warrant should be signed. Another texter,

:45:10.:45:13.

it's wrong to be snooping on my Internet use, it takes away my

:45:14.:45:16.

privacy. Peter says politicians must be kept out of this and zombie

:45:17.:45:21.

Tweets bogus argument by politicians, anyone can buy a

:45:22.:45:28.

pay-as-you-go phone with Broadband access without ID.

:45:29.:45:31.

Thank you all very much for coming on the programme.

:45:32.:45:33.

Still to come; they made a triumphant comeback in 2012.

:45:34.:45:36.

Now the Stone Roses release more dates; we'll be finding out more.

:45:37.:45:44.

Time for the weather, here is Stav. In

:45:45.:46:03.

Wales we soared 22 Celsius. Underneath that cloud and fog

:46:04.:46:10.

temperatures struggled to get above eight, nine. The reason we do not

:46:11.:46:16.

have so much fog around this morning is there is more of a breeze. There

:46:17.:46:21.

is low-pressure meeting up from the south. There will also be rain to

:46:22.:46:26.

seven and South West counties which will spread north through the day.

:46:27.:46:33.

Further north we are dry and we have fog pockets around. By mid afternoon

:46:34.:46:36.

and will be few glimmers of brightness. In most of England and

:46:37.:46:45.

southern Wales it will be cloudy with outbreaks of rain. In the North

:46:46.:46:52.

of England some patchy fog around. A few glimmers of brightness. The best

:46:53.:46:58.

of the sunshine for Scotland is the north east corner. This evening and

:46:59.:47:02.

overnight the rain band continues to march northwards into central and

:47:03.:47:09.

southern Scotland. Further south, apart from some low cloud, it looks

:47:10.:47:15.

like it will stay relatively mild. There could be a rumble of thunder.

:47:16.:47:20.

The rain band will continue northwards across Scotland on

:47:21.:47:23.

Wednesday. We are looking at a cloudy day with further rain and

:47:24.:47:27.

showers across England and Wales. Sunshine will be limited. We could

:47:28.:47:31.

see the odd glimmer here and now. Wherever you are, whether in the

:47:32.:47:36.

sunshine or the cloud, it will feel mild again. I think continues for

:47:37.:47:40.

the rest of the week. We will start to see some rain and increasing wind

:47:41.:47:47.

as the week wears on. This is the first area of low pressure. You can

:47:48.:47:53.

see tightly packed isobars and an active weather front bringing wind

:47:54.:47:57.

and rain to most parts of the country. In the north there may be

:47:58.:48:03.

glimmers of brightness. It will feel very mild with temperatures of 12,

:48:04.:48:08.

16. It looks like it will stay unsettled and on the downside for

:48:09.:48:14.

bonfire night. More on that tomorrow. -- damp side.

:48:15.:48:17.

I'm Victoria Derbyshire, welcome to the programme if you've just

:48:18.:48:24.

Has the Government given up hope of building support

:48:25.:48:28.

It should be crystal clear that no means no - yet many young people are

:48:29.:48:34.

It can be your friends and people you trust. That is what I have

:48:35.:48:49.

learned. It is a worry that everyday people can end up doing what is

:48:50.:48:51.

classed as rape. And should Oscar Pistorius should

:48:52.:48:54.

have his conviction for shooting his girlfriend changed

:48:55.:48:59.

from manslaughter to murder? It's being discussed

:49:00.:49:01.

by judges this morning. The main BBC news so far this

:49:02.:49:03.

morning. Seven year olds may once again have

:49:04.:49:17.

to sit national tests - as part of the Government's plans to improve

:49:18.:49:25.

school standards in England. The exams for Year Two pupils were

:49:26.:49:27.

scrapped when Labour was in power, but now the Education Secretary

:49:28.:49:30.

Nicky Morgan will consult on The National Association of

:49:31.:49:33.

Head Teachers says it's added All teachers are assessing, every

:49:34.:49:42.

minute of the day. They use tests within lessons. Formalising and puts

:49:43.:49:46.

a different structure completely on the way they are used. It raises

:49:47.:49:51.

anxiety levels and people are looking to teach for the tests. We

:49:52.:49:54.

are looking to move away from that. The British Government is coming

:49:55.:49:59.

under increased pressure to abandon plans to seek parliamentary approval

:50:00.:50:02.

to launch air strikes in Syria. The Foreign Affairs Committee of MPs

:50:03.:50:04.

has come out strongly against Downing Street has rejected several

:50:05.:50:07.

reports from newspapers saying he's failed to convince enough Labour MPs

:50:08.:50:10.

to support British bombing raids against Islamic State targets there,

:50:11.:50:13.

as well as in Iraq. A South African Appeal Court has

:50:14.:50:17.

begun considering whether Oscar Pistorius should have been

:50:18.:50:19.

convicted of murder - not manslaughter - for shooting his

:50:20.:50:21.

girlfriend Reeva Steenkamp in 2013. The athlete is currently under house

:50:22.:50:27.

arrest having served one year A murder conviction could see him

:50:28.:50:30.

sent back to prison for 15 years. Prosecutors told the court

:50:31.:50:37.

the original trial had failed to Let's watch a little bit of the

:50:38.:50:52.

court proceedings right now. The case is being set out.

:50:53.:51:03.

Perhaps... I am sorry if I am a bit weak.

:51:04.:51:15.

The first paragraph starts on page 32. That is numbered 32 or the top

:51:16.:51:23.

32? The printed page, 32. Perhaps on the fact it might have

:51:24.:51:45.

been less controversial finding circumstances that it was for of

:51:46.:51:49.

death. This was the court's to all finding and the accused would have

:51:50.:51:53.

been acquitted even on the findings, he would have still had a

:51:54.:52:00.

punitive defence under the mistaken belief he was acting in unlawful

:52:01.:52:07.

self defence. He would act on knowledge of unlawfulness. We say,

:52:08.:52:11.

even if that is the finding, and even if that finding where to be

:52:12.:52:15.

wrong, let's look at the principal findings. Once the finding of the

:52:16.:52:22.

fact was that he genuinely believed he fired the shots because he was in

:52:23.:52:34.

danger. It excludes dolus. He is representing Oscar Pistorius. We

:52:35.:52:37.

will talk to an expert in South African law who will explain some of

:52:38.:52:41.

what he was talking about in the next 20 minutes or so of the

:52:42.:52:43.

programme. Let's catch up with all the sport

:52:44.:52:46.

now. We'll start with the cricket. James

:52:47.:52:59.

Taylor could only add to to his overnight score. Patel looked really

:53:00.:53:08.

confident as he passed for two. The England tail did not last much

:53:09.:53:13.

longer. Ben Stokes the last man out, batting with a

:53:14.:53:18.

On to gymnastics, where Britain's men's and women's

:53:19.:53:20.

team enjoyed great success at the World Championships last week.

:53:21.:53:22.

Max Whitlock stole the headlines when he became the

:53:23.:53:24.

first British man to become a world champion, beating team mate Louis

:53:25.:53:27.

And you have brought your medals. What a week it was that you

:53:28.:53:40.

personally. You have your two silver medal. What a year when you consider

:53:41.:53:44.

you had glandular fever at the beginning of the year. It has been a

:53:45.:53:51.

long journey. Team GB has had an historic week. The World

:53:52.:53:57.

Championship have been fantastic. What do you put this success down

:53:58.:54:03.

to? Did you envision becoming a world champion? You need to set your

:54:04.:54:09.

ambitions high. I have had support from friends, family and girlfriend.

:54:10.:54:13.

It is the support network that will help me get to where I am. It was

:54:14.:54:19.

the best performance by a team at the World Championships. You managed

:54:20.:54:22.

to break the Chinese stronghold. They have won that team event for

:54:23.:54:29.

many a year. How has Team GB come so good? Strength in our team is very

:54:30.:54:35.

strong and can only get stronger. At the moment it is hard to make the

:54:36.:54:40.

team. This is a six-man team. At the Olympics it will go down to five. It

:54:41.:54:47.

is that that keeps pushing out. Do you expect more medals at Rio next

:54:48.:54:53.

summer? Can I expect to see the British Olympic champion? We hope

:54:54.:54:58.

so. It has given us so much confidence going forward. Hopefully

:54:59.:55:02.

it can be another confidence boost on the road to Rio. Hopefully we can

:55:03.:55:12.

do a similar job. What is next? Rest and recovery. I want to have a good

:55:13.:55:18.

Christmas and then the Europeans. That is the main aim. Rio has been

:55:19.:55:23.

the goal for four years ever since London 2012 and we are all looking

:55:24.:55:29.

forward to it. Thank you for coming in and bringing in your medals. This

:55:30.:55:35.

is news from Australia. Michelle Payne has become

:55:36.:55:42.

the first woman to win The Australian rode outsider Prince

:55:43.:55:44.

of Penzance to victory at Flemington, ahead of

:55:45.:55:47.

Frankie Dettori on Max Dynamite. I laid in bed last night and was

:55:48.:56:02.

dreaming about it. I imagined talking to you after this race.

:56:03.:56:07.

Unbelievable. The dream come true. This horse is awesome. Believes and

:56:08.:56:15.

achieve, the power of visualisation. More at 10:30am.

:56:16.:56:20.

Thank you for joining us this morning.

:56:21.:56:22.

Welcome to the programme if you've just joined us.

:56:23.:56:24.

We're on BBC 2 and the BBC News Channel until 11 this morning.

:56:25.:56:29.

Lots of you getting in just about the education changes. Teachers will

:56:30.:56:36.

not sometimes admit they have failed children and it do not get the

:56:37.:56:43.

education they need. Philippa says, I believe tests are important and we

:56:44.:56:47.

are too concerned about hurting feelings of children and we should

:56:48.:56:51.

be able to distinguish between those who are more academic than others.

:56:52.:56:55.

Tests are hyped up. Children should be prepared for real life. Do keep

:56:56.:56:58.

your contributions coming in. Texts will be charged

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at the standard network rate. And of course you can watch

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the programme online wherever you are - via the bbc news app or

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our website bbc.co.uk/victoria - and you can also subscribe to all

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our features on the news app, by going to add topics

:57:11.:57:13.

and searching Victoria Derbyshire. How much do teenagers and young

:57:14.:57:30.

adults know about sexual consent? Viewers had to vote last night on a

:57:31.:57:34.

programme about whether they thought it was a rape or not. This contains

:57:35.:57:39.

graphic images you may not want children to see.

:57:40.:57:59.

Everyone left. Did you fall asleep in the kitchen or something?

:58:00.:58:04.

Jen, I am freezing, can you budge up?

:58:05.:58:22.

This guy I know, he did something to me.

:58:23.:58:54.

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

:58:55.:58:57.

Yes, we went out for about three months or something.

:58:58.:59:01.

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

:59:02.:59:06.

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

:59:07.:59:09.

Why did you not put a stop to it? All you needed to say was no.

:59:10.:59:24.

You could have called out to your friend in

:59:25.:59:28.

We had slept in the same bed loads before, so I climbed up

:59:29.:59:41.

She did not do anything to indicate that she wanted you to continue?

:59:42.:00:01.

She would definitely have said if she was not into it.

:00:02.:00:06.

Did she respond in any way at all? Yes,

:00:07.:00:08.

After that film was shown viewers were asked to vote. This subject has

:00:09.:00:24.

been discussed before on this programme. We gave the Director of

:00:25.:00:28.

Public Prosecutions scenarios to answer. People are really drunk,

:00:29.:00:33.

they are not unconscious. Both think the other consented. In the

:00:34.:00:36.

morning, for example, the woman wakes up, has no recollection of

:00:37.:00:41.

consenting and think she might have raped. That is difficult. Consent

:00:42.:00:48.

has to be given but there has to be an offence. If they cannot remember

:00:49.:00:53.

what has happened, in that case, if I were the women I might go to a

:00:54.:00:56.

support group and talk it through with someone. We have someone who is

:00:57.:01:01.

so incapacitated they cannot give consent. The law is clear and there

:01:02.:01:05.

has been case law that that would be an offence. If the woman is not sure

:01:06.:01:12.

if she consented, she might have done or might not, you think she

:01:13.:01:16.

should not make a complaint to the police. She should think about and

:01:17.:01:23.

talk to support groups is she thinks there may have

:01:24.:01:25.

talk to support groups is she thinks should talk to police. It is not as

:01:26.:01:30.

simple as what happened if people cannot remember. It is each

:01:31.:01:33.

circumstance of each case we would look at. How much do people

:01:34.:01:42.

understand about young consent? We have a group of young people to talk

:01:43.:01:46.

about us. You may not want children to hear some things we are

:01:47.:01:51.

discussing. Rosie is 19 and starts university next year, Frankie is 18

:01:52.:01:55.

and already at university, as is Darren who thinks there are blurred

:01:56.:01:59.

issues when it comes to consent. Beth is a 27-year-old mum who says

:02:00.:02:04.

she was raped back in 2009 and has waived her

:02:05.:02:13.

she was raped back in 2009 and has Kyodi was cleared of rape after a

:02:14.:02:14.

woman accused him of rape. Can I ask Kyodi was cleared of rape after a

:02:15.:02:18.

all of you if you are clear on Kyodi was cleared of rape after a

:02:19.:02:21.

sexual consent is and means. What would you say, Rosie? I

:02:22.:02:24.

sexual consent is and means. What it's not just

:02:25.:02:27.

sexual consent is and means. What definite yes and a definite

:02:28.:02:30.

sexual consent is and means. What acceptance from both parties. So an

:02:31.:02:32.

enthusiastic Overt acceptance from both parties. So an

:02:33.:02:34.

just no, you acceptance from both parties. So an

:02:35.:02:38.

have to say something, rather than... If you don't say no, it

:02:39.:02:43.

doesn't mean you have consented. And you? Enthusiasm, willingness and

:02:44.:02:53.

wanting to partake in any and or sexual activity between both

:02:54.:02:58.

parties, in my opinion, anyway. Does that mean people have to say yes, do

:02:59.:03:02.

they have to use that word or is it just about actions? I think it's a

:03:03.:03:09.

mixture of everything. Yes in some aspects, actions, you know, helping

:03:10.:03:14.

you do something that they enjoy and they would like and, you know,

:03:15.:03:18.

helping you sort of understand what turns them on and turns them off.

:03:19.:03:25.

There could be an issue of miscommunication and that could be

:03:26.:03:30.

misconstrued on both parts. I felt she said yes or I felt he said no,

:03:31.:03:38.

you know, whatever it is. For me, enthusiasm, willingness and wants

:03:39.:03:41.

and communication as well. What about you Beth? It's definitely not

:03:42.:03:47.

100% clear to most people. It wasn't to me. It's getting clearer now. But

:03:48.:03:55.

definitely, I agree can with Kayode and Rosie that there has to be an

:03:56.:04:00.

obvious willingness to take part, it doesn't have to be the exact word

:04:01.:04:05.

yes because nobody says, shall we get undressed and move to the bed,

:04:06.:04:09.

no-one does that, so it has to be obviously that you are both willing

:04:10.:04:12.

and able to consent. If you are worried the other person is too

:04:13.:04:17.

drunk, don't go there. I think from what we have discussed

:04:18.:04:22.

backstage and everything, there is a general consensus that no-one ever

:04:23.:04:26.

asks, are you willing to have sex, it's always in the heat of the

:04:27.:04:30.

moment, it's not very sexy to come out with, would you like to have sex

:04:31.:04:36.

now. You couldn't just say those words, you could say, "do you want

:04:37.:04:42.

this". But that can come across in body language as well. Isn't that

:04:43.:04:46.

where problems might occur the next day, the man or woman could say, he

:04:47.:04:50.

seemed like he was willing or she seemed like he was willing or she

:04:51.:04:54.

didn't have a conversation, he or she didn't say no, so I assumed

:04:55.:04:58.

because she took her clothes off, she was willing. Which is why I

:04:59.:05:02.

think as a generation, as a society, we need to discuss this more openly.

:05:03.:05:07.

It's not discussed at all. I wasn't caught about consent at school.

:05:08.:05:10.

Would you expect school to teach you about consent? Absolutely. Sex and

:05:11.:05:16.

relationship education needs fundamental root and Branch reform.

:05:17.:05:19.

Frankie, do you understand what it meant? Yes, the issue is, you can be

:05:20.:05:26.

in a club with someone, dancing and go home with them, but in the taxi

:05:27.:05:30.

on the way, you can sober up and think, what am I doing. At that time

:05:31.:05:35.

though, that person could have decided that they are going to

:05:36.:05:38.

engage in sexual contact. Just because you are showing attention

:05:39.:05:41.

and flirting, even though you might have said you want to have sex with

:05:42.:05:45.

them, doesn't mean that's the final decision. It's not just with women

:05:46.:05:49.

and men, but everyone in general. Yes, you can change your mind, you

:05:50.:05:55.

could say yes at one point, literally five minutes later, you

:05:56.:05:58.

can change your mind. I suppose you have to communicate the fact that

:05:59.:06:03.

you have. There is a really good animation which involves a cup of

:06:04.:06:06.

tea which I'm going to show you now. You may have seen it which makes

:06:07.:06:10.

everything so clear. Let's have a look now.

:06:11.:06:25.

Just imagine about initiating sex. You say, do you want a cup of tea,

:06:26.:06:31.

and they say, I would love a cup of tea. That's consent. If they say,

:06:32.:06:37.

I'm not really sure. You could make them a cup of tea or not, but be

:06:38.:06:41.

aware they might not drink it and if they don't drink it, and this is

:06:42.:06:44.

important par, don't make them drink it.

:06:45.:06:48.

Just because you made it, doesn't mean you are entitled to watch them

:06:49.:06:53.

drink it. If they say no thank you, don't make them tea at all. Just

:06:54.:06:58.

don't make them tea. Don't make them drink tea, don't get annoyed at them

:06:59.:07:03.

for not wanting tea, they just don't want tea, OK. They might say yes

:07:04.:07:08.

please, that's kind of you and then when the tea arrives, they actually

:07:09.:07:12.

don't want the tea at all. Sure that's kind of annoying as you have

:07:13.:07:16.

gone to all the effort of making the tea but they remain under no

:07:17.:07:19.

obligation to make the tea. They did want tea, now they don't, some

:07:20.:07:24.

people children their mind in the time it takes to brew the tea, boil

:07:25.:07:28.

the kettle and add the milk and it's OK to change their mind and you are

:07:29.:07:31.

still not entitled to watch them drink it. If they are unconscious,

:07:32.:07:35.

don't make them tea. Unconscious people don't want tea and they can't

:07:36.:07:39.

answer the question do you want tea because they are unconscious.

:07:40.:07:43.

OK, maybe they were conscious when you asked them if they wanted tea

:07:44.:07:46.

and they said yes, but in the time it took you to boil the kettle, brew

:07:47.:07:51.

the tea and add the milk, they are now unconscious. You should just put

:07:52.:07:55.

the tea down, make sure the unconscious person is safe. This is

:07:56.:07:58.

the important part again. Don't make them drink the tea. They said yes

:07:59.:08:03.

then, sure, but unconscious people don't want tea.

:08:04.:08:08.

If someone said yes to tea, started drinking it, then passed out and

:08:09.:08:12.

finished it, don't keep pouring it down their throat. Take the tea

:08:13.:08:17.

away. Make sure they are safe because unconscious people don't

:08:18.:08:21.

want tea. Trust me on this. If someone said yes to tea round your

:08:22.:08:25.

place last Saturday, doesn't mean they want tea all the time, they

:08:26.:08:31.

don't want you to come around at their place unexpectedly, you wanted

:08:32.:08:35.

tea last week or to wake up to find you pouring tea down their throat

:08:36.:08:38.

going, but you wanted tea last night. If you can understand how

:08:39.:08:47.

completely lewd ludicrous it is to force people to have tea when they

:08:48.:08:51.

don't want it, how difficult is it to understand whether they want tea.

:08:52.:08:55.

Whether it's tea or sex, consent is everything, on that note, I'm going

:08:56.:08:58.

to make myself a cup of tea. I wonder if you think that every

:08:59.:09:03.

class of 16-year-olds saw that, it would be absolutely clear, don't you

:09:04.:09:11.

reckon? Definitely. A lot clearer. Kayode, you were falsely accused of

:09:12.:09:15.

raping a woman who had sex with you. How difficult was it for you to show

:09:16.:09:19.

she had consented? It was a challenge. If I can go back to the

:09:20.:09:28.

tea video, my situation for the viewers watching, was very simple. I

:09:29.:09:36.

was asked for a cup of tea, I made a cup of tea, drunk the cup of tea,

:09:37.:09:42.

woke up, had more tea and then when I'd left, she then decided that she

:09:43.:09:47.

didn't want the tea. OK. Actually, the burden is not on you

:09:48.:09:53.

to show that she consented? It was on the prosecutors? One of the

:09:54.:09:58.

fundamental rules of law is, it's on somebody to prove your guilt. In my

:09:59.:10:02.

situation, it was the other way around, I had to prove my innocence,

:10:03.:10:08.

which was 100 times worse than that because I had to, you know, track

:10:09.:10:15.

back and try and gather my own evidence and gather my own

:10:16.:10:19.

information and present it and say, well actually, we had the tea

:10:20.:10:23.

together, she wanted the tea, I wanted the tea, you know, there was

:10:24.:10:27.

no denying of that, I shouldn't, my life shouldn't have been ruined, you

:10:28.:10:31.

know, my name shouldn't have been out there and I shouldn't be paying

:10:32.:10:37.

the price for something I didn't do. Beth, can I ask what happened to

:10:38.:10:44.

you? So when I was 21, I was attacked by someone that I knew. I'd

:10:45.:10:51.

been out at a pub drinking with a friend because I'd had an argument

:10:52.:10:55.

with my boyfriend and she was trying to cheer me up. This guy came over.

:10:56.:10:59.

I'd seen him before on student nights out and stuff and he got

:11:00.:11:04.

chatting to us, I told him about the argument and he spent the evening

:11:05.:11:09.

comforting me, buying me trunks and being friendly and generally

:11:10.:11:11.

cheering me up. And you were fine with that? Yes, it was a nice

:11:12.:11:17.

evening. He was aware I had a boyfriend so I didn't think he had

:11:18.:11:21.

an ulterior motive. But when my friend left, he said, do you want to

:11:22.:11:26.

come back to mine, we'll watch a movie, I said yes sure, I rang my

:11:27.:11:30.

boyfriend, said who I was going with and where I was going. Then I

:11:31.:11:35.

started to get quite hazy because I was very drunk, I'd had about two or

:11:36.:11:40.

three bottles of wine at this point. I remember being in his room on his

:11:41.:11:43.

bed watching a movie and he kept trying to kiss me and I kept saying,

:11:44.:11:47.

no, I've got a boyfriend. Then I passed out. When I came to, he was

:11:48.:11:53.

on top of me and I kind of tried to say no and turn away, but I was in

:11:54.:12:00.

and out of consciousness, I wasn't strong enough or anything, so I just

:12:01.:12:04.

kind of gave up and let it happen, and in the morning... There was no

:12:05.:12:08.

way you had given consent, enthusiastic consent, willing

:12:09.:12:13.

consent? Definitely not. You were in and out of consciousness, you didn't

:12:14.:12:17.

even have the capacity to consent? Exactly. The point was, when you

:12:18.:12:22.

left the next morning, you felt bad, you didn't realise effectively that

:12:23.:12:26.

you would be raped? I thought I cheated on my boyfriend because I

:12:27.:12:29.

thought that I'd brought it on myself. I believed at the time that

:12:30.:12:34.

if a girl has accepted drinks, she's been friendly with him, she's

:12:35.:12:39.

willingly gone back to his that she was asking for it and she should

:12:40.:12:44.

accept what happened. Why did do you think that, where has that come from

:12:45.:12:49.

in your head? I think society. Jokes in lad culture, it's definitely a

:12:50.:12:53.

big, big thing. One of the jokes in uni that a lot of my very nice male

:12:54.:12:58.

friends would say is, if she still has sex with you in the morning, you

:12:59.:13:01.

know it wasn't rape the night before. They start off at jokes and

:13:02.:13:06.

everyone says, it's just a laugh, it's just funny, but it ends up

:13:07.:13:10.

being what people actually believe. OK. Thank you all very much. Thank

:13:11.:13:16.

you for being so open and honest, thank you.

:13:17.:13:23.

Still to come, David Cameron has warned against action in Syria. One

:13:24.:13:29.

MP says it would be wrong to get involved. The latest news and sport

:13:30.:13:34.

in a second but first Brad Pitt and Angelina Jolie have been talking

:13:35.:13:37.

about her decision to have a double mastectomy to try to stop her

:13:38.:13:41.

getting cancer. She had surgery after a gene test predicted she had

:13:42.:13:46.

an 87% chance of developing breast cancer. She later had her ovaries

:13:47.:13:51.

removed after a blood test suggested she could have early stage ovarian

:13:52.:13:57.

cancer. Brad Pitt told MBC how he reacted when she told him the

:13:58.:14:01.

results of the blood test. I was out in France and she called

:14:02.:14:06.

me and I got straight on the plane to return. Seeing my wife have to be

:14:07.:14:14.

at her strongest and knowing it was the scariest news is terribly

:14:15.:14:17.

moving. Together they faced the crisis,

:14:18.:14:21.

although it ended up she did not have a full blown tumour, she had

:14:22.:14:25.

her ovaries and fallopian tubes removed. For Brad, Angelina's

:14:26.:14:33.

surgery is a medical challenge. They have been inspirational. How did you

:14:34.:14:37.

see your role in all of that? Support. Whatever needs to be done

:14:38.:14:43.

to keep the family together. She was doing it for her kids and family. He

:14:44.:14:48.

made it very, very clear to me that what he loved and what was a woman

:14:49.:14:53.

to him was someone who was smart and capable of looking after our family.

:14:54.:14:59.

It's not about a physical body. Still to come: We'll hear from some

:15:00.:15:03.

of the Police and Crime Commissioners threatening legal

:15:04.:15:07.

action over cuts to their budgets. A day of intense speculation about a

:15:08.:15:11.

Stone Roses comeback ends as the band announces new dates.

:15:12.:15:22.

Seven-year-olds may once again have to sit national tests as part of

:15:23.:15:28.

government plans to improve school standards in England.

:15:29.:15:33.

The exams for Year Two pupils were scrapped when Labour was in power,

:15:34.:15:36.

but now the Education Secretary Nicky Morgan will consult on

:15:37.:15:39.

You just say, this is what we are going to do today. It is not

:15:40.:15:50.

something we throw on them saying, I have never done this before in my

:15:51.:15:55.

life. Equally, it is not something we make a huge deal. I totally

:15:56.:15:59.

accept there are a lot of places where that does happen.

:16:00.:16:07.

The British Government is coming under increased pressure to abandon

:16:08.:16:09.

plans to seek parliamentary approval to launch air strikes in Syria.

:16:10.:16:12.

The Foreign Affairs Committee of MPs has come out strongly against

:16:13.:16:15.

Downing Street has rejected several reports from newspapers saying he's

:16:16.:16:18.

failed to convince enough Labour MPs to support British bombing raids

:16:19.:16:21.

against Islamic State targets there, as well as in Iraq.

:16:22.:16:25.

German police have raided the football federation headquarters

:16:26.:16:34.

about the 2006 World Cup. The statement said they were

:16:35.:16:39.

investigating the transfer of more than 6.7 million euros from the

:16:40.:16:43.

German football Association to Fifa. There had been allegations that fund

:16:44.:16:48.

was set up to secure Germany hosted the World Cup which they deny.

:16:49.:16:52.

The first nine bodies of the victims of Saturday's Russian plane crash

:16:53.:16:55.

Investigators are still trying to piece together what happened to

:16:56.:16:59.

the airliner carrying 224 people when it came down,

:17:00.:17:01.

Yesterday airline officials said an "external influence"

:17:02.:17:04.

Standard Chartered is cutting 15,000 jobs worldwide because of slump in

:17:05.:17:24.

profits. This morning they posted a loss of ?90 million for the third

:17:25.:17:29.

quarter. The bank is planning to raise more than ?3 billion in

:17:30.:17:30.

capital to overhaul the business. Let's catch up with all the sport

:17:31.:17:33.

now. Pakistani trail England by 31 runs.

:17:34.:17:45.

England posted 306 all out in their first innings.

:17:46.:17:51.

Cesc Fabregas has taken to Twitter to proclaim his support for Chelsea

:17:52.:17:54.

manager Jose Mourinho, denying claims by The Secret

:17:55.:17:56.

Footballer blog that he's the leader of rumoured dressing room unrest.

:17:57.:17:59.

New manager Remi Garde watched from the stands as Aston Villa lost

:18:00.:18:02.

Harry Kane rounding off Spurs' win, to take them up to fifth

:18:03.:18:07.

And Michelle Payne has become the first woman to win

:18:08.:18:13.

The Australian rode outsider Prince of Penzance to victory

:18:14.:18:17.

That's all the sport this morning, Victoria.

:18:18.:18:32.

South Africa's Supreme Court of Appeal is considering whether Oscar

:18:33.:18:34.

Pistorius should have been convicted of murder - not manslaughter - for

:18:35.:18:37.

The athlete is currently under house arrest having served a year

:18:38.:18:44.

A murder conviction could see him sent back to prison for 15 years.

:18:45.:18:49.

Let's dip into the proceedings. This is the factual matrix. There was an

:18:50.:19:01.

area of law. It is about the drawing of the inference and during the

:19:02.:19:08.

correct inference. I tried to make it plain that we have difficulty

:19:09.:19:13.

with the interpretation. I hear you, I understand the

:19:14.:19:20.

interpretation. What is more complicated is the previous

:19:21.:19:23.

decisions of this court indicating it is the only thing that can happen

:19:24.:19:29.

but it is open. If I may just come back to one point. Before that, it

:19:30.:19:39.

is interesting... In commentary, 31-39... Those are the proceedings

:19:40.:19:49.

live in South Africa now. Thank you for talking to us. Tell our viewers

:19:50.:19:54.

here in Britain exactly what is happening in court today. This is

:19:55.:20:03.

the appeal. What is happening is the prosecution has taken the matter to

:20:04.:20:09.

the supreme court of appeal. The judge, it is stated, the original

:20:10.:20:16.

trial judge made an error in law about finding Oscar Pistorius is

:20:17.:20:20.

guilty of Cobb for homicide. In what way will they argue that she made an

:20:21.:20:28.

error? -- culpable. They were basing the argument on the issue of

:20:29.:20:38.

contempt. They are saying it is about negligence. He said he would

:20:39.:20:48.

not be focusing specifically on the facts in this particular instance

:20:49.:20:52.

that much rather on the interpretation of the facts as

:20:53.:21:00.

relates to the law. I see that Barry grew, the defence advocate for Oscar

:21:01.:21:07.

Pistorius, is arguing to the contrary. -- Roux. White little more

:21:08.:21:16.

insight on the idea of contempt. -- a little more inside. He should have

:21:17.:21:21.

seen shooting four times through the toilet door would Gil somebody. The

:21:22.:21:33.

concept of Roux is difficult to get your head around. Murder is a crime

:21:34.:21:43.

of intent. It is about being intent of causing the death to another

:21:44.:21:48.

person. Culpable homicide acquires negligence. It means you are acting

:21:49.:21:53.

in a negligent manner and not in the way a responsible person would. The

:21:54.:21:59.

judge found Oscar Pistorius negligent as opposed to contempt.

:22:00.:22:03.

They are arguing that Oscar the story is intended to Gil whoever was

:22:04.:22:07.

behind the toilet door in a cubicle at that moment. It is a very strong

:22:08.:22:17.

case. That is a really good explanation for us in Britain. If

:22:18.:22:21.

the state manages to convince the panel of judges they are right and

:22:22.:22:25.

Oscar this story should have been found guilty of murder, what could

:22:26.:22:35.

that mean? -- Oscar Pistorius. As far as I understand, I was listening

:22:36.:22:41.

to the argument being put forward by Barry Roux, the defence advocate.

:22:42.:22:44.

What they are debating now is whether a retrial would be required,

:22:45.:22:50.

bringing into question the issue of double jeopardy. To be honest with

:22:51.:22:55.

you, it is a bit of a curve ball to me as well. As far as I know, the

:22:56.:23:00.

Supreme Court of appeal is asking the question on whether the judge

:23:01.:23:04.

had made the correct binding in law, had she given the correct

:23:05.:23:09.

conviction? Is she had not, they will overturn the conviction from

:23:10.:23:17.

culpable homicide to murder. That is the point of argument at the

:23:18.:23:20.

moment. I'm interested in hearing what the outcome is. Thank you for

:23:21.:23:28.

talking to us. I appreciate your time. But from a journalist in

:23:29.:23:32.

Johannesburg who has been explaining that.

:23:33.:23:38.

Six police and crime commissioners are threatening to bring legal

:23:39.:23:40.

action against the Home Office over further police funding cuts.

:23:41.:23:42.

The PCCs who were elected in 2012 have written to the policing

:23:43.:23:45.

minister Mike Penning urging him to delay a decision on how much

:23:46.:23:48.

They're warning the changes are unfair and unjustified.

:23:49.:23:53.

In July, the new head told us that hard choices needed to be made about

:23:54.:24:03.

which crimes were investigated. Our budgets have been cut

:24:04.:24:06.

significantly, 25% over the last four years. Listening to what the

:24:07.:24:10.

Chancellor had to say in the budget, we are anticipating those sorts of

:24:11.:24:15.

cuts again. Over ten years we will have lost 70,000 posts. I do not

:24:16.:24:19.

think it is possible for us to carry on doing up we have always done,

:24:20.:24:25.

because we would fail the public. It would cause unacceptable stress

:24:26.:24:31.

among officers and staff. It is like if your iPad has been nicked from

:24:32.:24:34.

your home, and will not be coming round to help you. Exactly. We are a

:24:35.:24:41.

public service. What do they want us to deal with? Theresa May insists

:24:42.:24:59.

the forces can be more efficient. This has really significant

:25:00.:25:02.

consequences. It is separate as an issue to the changes to the court

:25:03.:25:08.

overall. We have been through a situation where we have already seen

:25:09.:25:13.

?74 million taken out by the end of this financial year in Lancashire,

:25:14.:25:18.

which represents 25% of our budgets. This is on top of that a change to

:25:19.:25:23.

the funding formula which changes the distribution of funding to all

:25:24.:25:27.

police forces in the country. In Lancashire, we face an additional

:25:28.:25:31.

?25 million in cuts from the funding formula. Then we face is on top of

:25:32.:25:38.

that further cuts with the changes to the spending review which will be

:25:39.:25:42.

announced next month. White at what will that mean to policing across

:25:43.:25:49.

Lancashire? It will be devastating. -- what will that mean? We will not

:25:50.:25:56.

be able to deliver a service which is recognisable to the public. All

:25:57.:25:59.

the decisions we have taken so far have meant we have taken out all the

:26:00.:26:05.

savings from the back office. We have gone down from six divisions to

:26:06.:26:09.

three divisions. We have made a number of changes to make sure the

:26:10.:26:13.

officers on the front line can try to deliver a service to the public.

:26:14.:26:17.

All those decisions have now been taken. Last week the Government

:26:18.:26:23.

announced with the inspection on efficiency that Lancashire was one

:26:24.:26:27.

of the most efficient forces in the country. They recognise we have made

:26:28.:26:33.

the right decisions so far. We are making the right decisions. The way

:26:34.:26:40.

we have been rewarded is further cuts of ?21 million to our budget.

:26:41.:26:49.

It means we face decisions about neighbourhood policing and all the

:26:50.:26:53.

work we are doing with partners on early action and prevention work

:26:54.:27:00.

which is being put at risk. I'd agree you have already saved ?74

:27:01.:27:05.

million, you say. As that money was being cut and you are reorganising

:27:06.:27:09.

things, at the same time, you're also saying this will impact on the

:27:10.:27:16.

way we please Lancashire. You have done it. We have so far. The service

:27:17.:27:22.

has not been delivered in the way it has been in the past. We have made

:27:23.:27:27.

decisions to push officers out. There are less of them. We have lost

:27:28.:27:33.

so far 700 police officers in Lancashire, but we are making the

:27:34.:27:37.

best of what we have. If you accept that as an argument saying, we have

:27:38.:27:42.

done it so far, so far, so good. That is all it is. You cannot say

:27:43.:27:46.

you can go on cutting ad Info night and will not have an impact. It

:27:47.:27:59.

will. -- add infinitum. When you say it will be a service not

:28:00.:28:02.

recognisable to the public if you have to cut another 24.5 million or

:28:03.:28:08.

even more, what differences will tax payers see? At the moment, when

:28:09.:28:14.

people call out the police, they are not getting the service they use to

:28:15.:28:18.

get. The police will say, can they not have a look and try to deal with

:28:19.:28:26.

the immediate threat? We are now policing to threat armour risks.

:28:27.:28:31.

What we will face with the additional cuts being. On Earth is

:28:32.:28:34.

the neighbourhood approach, the early action, working with the other

:28:35.:28:40.

partner agencies, we face threats to that or the front counties where the

:28:41.:28:44.

police interact with the public. They would go. -- the front

:28:45.:28:49.

counters. The whole way we investigate crime will change and

:28:50.:28:53.

that will put people's lives at risk. That is significant of the

:28:54.:28:58.

changes being put upon us now. Just to be clear on that. Sorry to

:28:59.:29:04.

interrupt you. However put people's lives at risk? When people call out

:29:05.:29:12.

the police, they expect a service. With neighbourhood policing, people

:29:13.:29:16.

think it is nice to do thing. A lot of the intelligence and information

:29:17.:29:20.

dealing with serious and organised crime, a lot of the intelligence

:29:21.:29:24.

dealing with counterterrorism, it is given to us by having interaction

:29:25.:29:28.

with the public. That trust and confidence that you gain from being

:29:29.:29:32.

a part of the community. Once you lose that, once you lose that

:29:33.:29:37.

connection with the public, you lose all that information and

:29:38.:29:39.

intelligence that comes from that. What we need to do is build up that

:29:40.:29:47.

support and that connection we have with the public. That is a large

:29:48.:29:50.

part of what we have been doing over the last three to four years. We

:29:51.:29:53.

have been really successful in that and have been given plaudits from

:29:54.:29:56.

the Government for what we have done. Now they are going beyond that

:29:57.:30:01.

and saying they have to take further cuts. That is what is at risk. Thank

:30:02.:30:07.

you for making that clear. Let me speak to your colleague in Cumbria,

:30:08.:30:13.

Richard Rhodes. How much more do you face in terms of that it cuts and

:30:14.:30:18.

what impact will have when it comes to policing the course -- across

:30:19.:30:27.

Cumbria? The latest suggestions require us to save nearly 10

:30:28.:30:33.

million, nearly 16%, of our budget. Cumbria is hit harder than anyone

:30:34.:30:37.

else in the country in percentage terms. If we then prepare ourselves

:30:38.:30:40.

for the comprehensive spending review later this month, we are

:30:41.:30:45.

looking at around 25%. If we add all of that together plus an

:30:46.:30:48.

inflationary increase, we believe we are looking to find another ?26

:30:49.:30:54.

million by 2020 on top of the 20 million has already been saved. Can

:30:55.:31:01.

you do it? Only with extreme difficulty. Up until now we have

:31:02.:31:05.

been able to preserve the front line but we have to look seriously at

:31:06.:31:11.

that. In Cumbria, 85% of expenditure is wages and salaries. If we're

:31:12.:31:14.

going to come anywhere near those figures, we will have to look at

:31:15.:31:18.

that. There is a lot of other stuff we can do. We have also been working

:31:19.:31:22.

at back office and those sorts of things over the last four years. It

:31:23.:31:26.

will be extremely difficult and it is quite clear that whatever police

:31:27.:31:32.

force emerges income at the end of this, it will be very different from

:31:33.:31:37.

the 1 we have at the moment. Are you really going to take legal action?

:31:38.:31:43.

At the moment we are going to take legal advice over the strength of

:31:44.:31:48.

any case. There are aspects in the consultation we believe are flawed

:31:49.:31:51.

and we want to test that make final decision.

:31:52.:31:57.

You would consider legal action against the Government would you?

:31:58.:32:03.

Absolutely. We believe the consultation is fundamentally

:32:04.:32:05.

flawed. The consultation itself that run over the summer months didn't

:32:06.:32:08.

give us any of the technical detail we would have needed to Schmidt a

:32:09.:32:12.

proper response and understand that the impact it would have had. None

:32:13.:32:16.

of that was given to us. It's been given to us at the latest stage.

:32:17.:32:23.

It's only a week ago they gave us the proper detail and it's just a

:32:24.:32:28.

nonsense that something as significant and important as this,

:32:29.:32:32.

that they have withheld that information so clearly we'll take

:32:33.:32:35.

whatever means necessary to defend the safety of the public.

:32:36.:32:36.

Thank you both very much. We have had a statement from the

:32:37.:32:49.

police minister about the funding reforms; he says further changes are

:32:50.:32:54.

needed and that the current model for allocating

:32:55.:33:06.

As we have been reporting, the Prime Minister is under pressure to drop

:33:07.:33:16.

plan force a Commons vote on a vote for military intervention on Syria.

:33:17.:33:21.

Let's talk to John Barren who sits on the Foreign Affairs Select

:33:22.:33:28.

Committee. Explain to our audience why you think it wouldn't be worth

:33:29.:33:32.

British planes bombing Syria at the moment to attack IS tarts when they

:33:33.:33:36.

are bombing IS targets next door in Iraq? Very simply, I think most

:33:37.:33:43.

experts, military anyway, accept that air strikes alone will not

:33:44.:33:48.

defeat Isil or diesh as they are called locally, and that the British

:33:49.:33:53.

contribution would be very marginal indeed. What is needed is fresh

:33:54.:33:57.

thinking instead of just more force and we have got to learn from the

:33:58.:34:03.

mistakes of Iraq, Afghanistan and Libya and ask ourselves one very

:34:04.:34:06.

simple straightforward question, which presents the greatest threat

:34:07.:34:10.

to the West, President Assad or Isil? If it is Isil, which most of

:34:11.:34:14.

us think it is, what we should be doing instead is forging some sort

:34:15.:34:18.

of regional alliance if we are going to get involved at all to make sure

:34:19.:34:23.

that we stand the best chance of defeating this evil organisation,

:34:24.:34:26.

otherwise we might as well not intervene at all. OK, I'll come back

:34:27.:34:30.

to the regional alliance point you made. Why are they bombing in Iraq?

:34:31.:34:38.

I question that logic as well as an individual MP. What we need to make

:34:39.:34:43.

sure we do or try at the very least is forge some sort of regional

:34:44.:34:47.

alliance. There is a lot of regional powers in the area who want to see

:34:48.:34:55.

Isil defeated. We need to focus on mobilising that force, including the

:34:56.:34:58.

Kurds in the north-east of Iraq, and put some form of coordinated plan on

:34:59.:35:05.

the ground. At the moment, air strikes may stall Isil, if you like,

:35:06.:35:09.

but they are certainly not going to defeat them and we need bigger

:35:10.:35:16.

thinking, otherwise we may not get involved at all, certainly from

:35:17.:35:19.

Syria's point of view in this vicious war that's been going on for

:35:20.:35:22.

several years. Indeed. Are you embarrassed by politicians here and

:35:23.:35:26.

across the region about the lack of big thinking? Well, some of us have

:35:27.:35:29.

been making the point that what we need to do is learn from our

:35:30.:35:35.

mistakes over the last ten years and our interventions, look at the big

:35:36.:35:40.

picture. For example, why are we still calling for the overthrow or

:35:41.:35:45.

replacement of President Assad when Isil is the bigger enemy. We have

:35:46.:35:49.

got to speak to regional powers that perhaps we would not normally want

:35:50.:35:54.

to speak with, whether it's the Russians or Iranians, speak to some

:35:55.:35:58.

friend leer neighbours in the region as well and think about putting a

:35:59.:36:03.

form of strategy together, not our own ground troops but local ground

:36:04.:36:07.

troops in perhaps as part of a wider strategy to ultimately defeat Isil.

:36:08.:36:10.

It's not just the military side of things we have got to look at, but

:36:11.:36:15.

the none-military side. For example, why aren't we disrupting Isil's

:36:16.:36:19.

financial flows, their business interests and why aren't we doing

:36:20.:36:24.

more to disrupt their prominence on social media. They are great

:36:25.:36:28.

questions, please answer them, why? These are some of the questions that

:36:29.:36:32.

the Foreign Affairs Select Committee are asking the Government to answer.

:36:33.:36:36.

I think that is part of the reason why you are covering the story today

:36:37.:36:39.

because we have released the report, a series of questions which we hope

:36:40.:36:41.

the Government will come forward and answer. Are you telling me the

:36:42.:36:46.

Defence Secretary, it's not occurred to them to try to disrupt Isil's

:36:47.:36:50.

money-making efforts? No, I'm saying it's probably occurred to them but

:36:51.:36:53.

we are not seeing much evidence of that on the ground so we are saying

:36:54.:36:57.

what more can we do, please come and talk to us.

:36:58.:37:05.

Can you imagine a scenario of Russians, Iranians, Iraq, maybe

:37:06.:37:09.

Brits, maybe if we were invited, President Assad himself sitting

:37:10.:37:12.

around a table to it is can yous how to end the Civil War in Syria? Well,

:37:13.:37:15.

at the end of the day, it's a cliche, but it's true all the same,

:37:16.:37:20.

you know, you Makepeace with your enemies, not with your friends. At

:37:21.:37:25.

the end of the day, it requires a diplomatic and political sluetion,

:37:26.:37:28.

rather than just more force which, as we have seen with previous

:37:29.:37:31.

interventions doesn't always achieve the aims of which it originally

:37:32.:37:35.

intended. So yes is the short answer. At the end of the day,

:37:36.:37:38.

there's got to be a political solution if there is going to be a

:37:39.:37:40.

solution at all. I wonder how long that will take, do

:37:41.:37:44.

you think? I think it could take a little why but what I do know is

:37:45.:37:47.

that air strikes alone, and we'd only be talking about two or four

:37:48.:37:54.

British War planes in the air at any one time above Syria, I think it

:37:55.:37:58.

would have a marginal effect and would not defeat Isil as I think all

:37:59.:38:03.

military experts acknowledge. But also, it risks escalating the

:38:04.:38:07.

problem with the Russians now involved supporting Assad and with

:38:08.:38:10.

the Americans in particular supporting the Free Syrian Army, the

:38:11.:38:13.

two Air Forces, there's a remote chance that, unless there's some

:38:14.:38:18.

very clear talking at higher levels, we could have accidents happen in

:38:19.:38:23.

the air which could escalate the conflict even further. Would you

:38:24.:38:27.

call for British planes to stop their military action over Iraq?

:38:28.:38:33.

Well, we had that vote and we lost that debate and it's a fact that all

:38:34.:38:38.

British War planes are participating in air strikes. The debate today

:38:39.:38:44.

centres around the Foreign Affairs Committee report about intervention

:38:45.:38:48.

in Syria and I certainly, and I'm not alone, would suggest caution to

:38:49.:38:51.

the Government before proceeding. As I say, we need fresh thinking, not

:38:52.:38:54.

just more force. Thank you very much. Let me bring

:38:55.:39:05.

you some breaking news. We brought you coverage from the Supreme Court

:39:06.:39:09.

of Appeal in South Africa which has begun considering whether Oscar

:39:10.:39:13.

Pistorius should have his conviction for shooting his girlfriend Reeva

:39:14.:39:16.

Steenkamp changed from manslaughter to murder. It looks like the Supreme

:39:17.:39:20.

Court is saying it's going to give its ruling at a much later date. We

:39:21.:39:27.

are potentially expecting a steer from them, but now they are saying

:39:28.:39:30.

they'll give their ruling on Oscar Pistorius at a later date, they'll

:39:31.:39:35.

make their ruling public as to whether it should be changed from

:39:36.:39:39.

manslaughter to murder at a later date, not exactly clear when.

:39:40.:39:45.

This news as well. Officers investigating a series of possibly

:39:46.:39:49.

linked sexual assaults in the Clapham and Brixton Hill areas of

:39:50.:39:52.

London have arrested a 24-year-old man in connection with the

:39:53.:39:55.

incidents. He was arrested on suspicion of sexual assault last

:39:56.:39:59.

night in the Brixton Hill area. He remains in custody at a South London

:40:00.:40:08.

police station. The Stone Roses have announced

:40:09.:40:11.

concerts in Manchester next summer. It's their first for three years.

:40:12.:40:27.

Tickets go on sale on Friday, but will they follow up the gig with new

:40:28.:40:32.

material? Let's talk to Colin Paterson, is it good news? It's not

:40:33.:40:35.

the news all fans were hoping for yesterday. An exciting day in

:40:36.:40:40.

Manchester, around 8 o'clock in the morning, the posters started

:40:41.:40:42.

appearing in the northern quarter area of the city, a very

:40:43.:40:47.

old-fashioned tactic, they put them up in record shops, hairdressers,

:40:48.:40:51.

cafes and the word started all going around, the Stone Roses are coming

:40:52.:40:55.

back, it must be the third album, because they have not released an

:40:56.:41:01.

album since 1994, 21 years, so when the announcement was made last

:41:02.:41:04.

night, fans were happy that there are three gigs but there was a

:41:05.:41:08.

slight sense of anticlimax that it was not the new material that people

:41:09.:41:13.

had been waiting for. Is that going to happen do you reckon or not, I

:41:14.:41:18.

mean can they start writing new material, I'm trying to remember

:41:19.:41:22.

them all. Remind us of the names of the band members. I don't think

:41:23.:41:28.

their work ethic was massive? Ian Brown, John Squire, Rennie and

:41:29.:41:34.

Mannie are the four piece. I met one of the members of the band at the

:41:35.:41:39.

Dynamo magic gig. He said the four are back in the studio and working

:41:40.:41:42.

on new material so I really do believe there will be a new album.

:41:43.:41:47.

They are going to announce it between now and the gigs. I imagine

:41:48.:41:51.

the gigs will tie in with new material. If not, I think some

:41:52.:41:55.

people will start to lose patience with that. Very interestingly as

:41:56.:42:00.

well, the dates of the gigs, 17th and 18th June, that is a week before

:42:01.:42:05.

Glastonbury! There has to be a really good chance they'll be

:42:06.:42:10.

headlining Glastonbury next year. So if you have ticket force

:42:11.:42:14.

Glastonbury, you could be in for a treat. What about the comeback they

:42:15.:42:18.

had a few years ago? Three nights at Heaton Park sold out within hours. I

:42:19.:42:22.

very sadly spent my summer holidays following them to Barcelona for

:42:23.:42:26.

their first comeback gig. The warm-up one for that, spending my

:42:27.:42:30.

own money, not the BBC's to go for that! So maybe not the most

:42:31.:42:34.

objective view when it comes to the Stone Roses but you can't keep

:42:35.:42:37.

coming back and playing the old hits. At some point they have to

:42:38.:42:41.

bring out new material. Thank you very much. A couple of

:42:42.:42:49.

messages from you on the subject of sexual consent. Thank you for all

:42:50.:42:54.

the messages. Toby says rape is rape but becomes a difficult issue when

:42:55.:42:58.

alcohol is involved. If one party can be too drunk to consent, then if

:42:59.:43:03.

the other party is in a similar state, they'll be surely too out of

:43:04.:43:07.

it to seek consent or understand that consent hasn't been freely

:43:08.:43:11.

given. Again, Max says, no-one's talked about alcohol as a problem,

:43:12.:43:15.

if you drink less there would be fewer rapes. Lots commenting on the

:43:16.:43:20.

tea video which we showed earlier. We posted it on social media if you

:43:21.:43:25.

want to watch it. Ross says, I love the tea sexual consent analogy, it

:43:26.:43:28.

should be shown in every school. One more for now, a balance in the

:43:29.:43:32.

discussion of rape should include for the purposes of education of

:43:33.:43:35.

youngsters that rape can take place within a relationship. That should

:43:36.:43:42.

also be taught too. That is it for today. Join us again today when

:43:43.:43:51.

Joanna will be here as I'm having more treatment for breast cancer.

:43:52.:43:53.

Have a good day.

:43:54.:43:56.

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