30/10/2013

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:00:07. > :00:11.This programme contains flash photography from the start. It was

:00:12. > :00:14.inconceivable that the Prime Minister's friends at the News of

:00:15. > :00:19.the World didn't know that their staff were hacking people's phones,

:00:20. > :00:24.said a prosecutor today. On day three of the trial of Rebekah

:00:25. > :00:33.Brooks, Coulson and others, it is also revealed that four people have

:00:34. > :00:37.already pleaded guilty. She can make chemistry fun, so does this teacher

:00:38. > :00:40.really need a piece of paper from a teacher training college? Labour's

:00:41. > :00:56.new shadow Education Secretary thinks she does. Why? James Blake

:00:57. > :00:59.has just won the Mercury Music Prize, Steve Smith will be catching

:01:00. > :01:04.his atoppings. Imagine being this surfer, we will talk to the man from

:01:05. > :01:14.Devon who may just have ridden the world's biggest wave.

:01:15. > :01:22.There was phone hacking, who knew? Was the way the prosecution put it

:01:23. > :01:26.to jurors at the Old Bailey, resolving that question is the task

:01:27. > :01:30.of the court trying eight men and women, including two former editors

:01:31. > :01:34.of the News of the World. One pal of the Prime Minister, the other his

:01:35. > :01:41.one-time official spokesman. It is the most eager low- watched case in

:01:42. > :01:47.Britain, with potentionally very strong implication for some very

:01:48. > :01:53.powerful people. This report contains flash

:01:54. > :01:59.photograp. The News of the World is a Sunday newspaper, it wasn't War

:02:00. > :02:01.and Peace, it was not an enormous document TFSHGS the size of

:02:02. > :02:06.something that, if you were editor, you could taken a interest in what

:02:07. > :02:13.was going into it. It was with those words that Andrew Edis QC

:02:14. > :02:18.prosecuting left the jury at the end of this day 1 of this toysoric

:02:19. > :02:22.child. In a nod to the charges facing the eight defendants, he

:02:23. > :02:27.earlier told the jury although it was the phone hacking trial, it

:02:28. > :02:31.wasn't just the phone hacking trial. On conspiracy to commit misconduct

:02:32. > :02:49.in office which constitutes four of the eight counts he

:02:50. > :02:58.On conspiracy to pervert the course of justic There are two counts,

:02:59. > :03:02.which he described as: Hiding stuff so the police couldn't

:03:03. > :03:07.get it. He went into some detail, accusing

:03:08. > :03:11.Rebekah Brooks and her PA of removing notebooks from the News of

:03:12. > :03:13.the World archive. And her husband Charley and others of moving

:03:14. > :03:18.material from their various homes, in order to stop the police from

:03:19. > :03:22.finding it. It was said Andrew Edis, quite a complex little operation,

:03:23. > :03:26.discovered by accident. Something he said he thought the jury would find

:03:27. > :03:31.quite memorable. But today did focus on phone hacking, and the key point

:03:32. > :03:34.Andrew Edis put to the jury, is even though an individual may not

:03:35. > :03:38.themselves have hacked phones, they could still be guilty of a prime if

:03:39. > :03:42.they had conspired to see it done, or knew about it and did nothing to

:03:43. > :03:48.stop it. The two people he had in mind when he said that were this

:03:49. > :03:55.case's most high-profile defendants. Brooks and Andy Coulson. The

:03:56. > :03:57.question is, is the case of each of those who didn't do it themselves,

:03:58. > :04:15.were they part of the conspiracy? But today's main revelation came in

:04:16. > :04:22.the form of the guilty plays, previously entered by three former

:04:23. > :04:26.News of the World journalists. Neville Thurlbeck, and James

:04:27. > :04:32.Weatherup a have all pleaded guilty to phone hacking, has private

:04:33. > :04:39.investigator Glenn Mulcaire, in his case of the murdered teenager Milly

:04:40. > :04:43.Dowler's mobile phone messages. The prosecution said they can prove the

:04:44. > :04:49.guilt of Ian Edmondson. There were references to Jude Law, Paul

:04:50. > :04:55.McCartney, John Prescott, and even David Blunkett. In truth this was

:04:56. > :04:58.not a day of dramatic revelation, rather the prosecution laying out as

:04:59. > :05:04.carefully as it could a case which in time is sure to prove hugely

:05:05. > :05:10.detailed. It was in his final flourish that Andrew Edis was at his

:05:11. > :05:16.most succinct. He told the jury: What you have to decide is

:05:17. > :05:18.ultimately how much did the management know about what was going

:05:19. > :05:21.on at their newspaper. How much did they know about what was being

:05:22. > :05:26.published and where it came from. How much did they know about why it

:05:27. > :05:32.was right to publish a particular story, why they knew it was true. It

:05:33. > :05:36.was their responsibility as editors, under their contract, to take

:05:37. > :05:43.reasonable steps to make sure that what goes in the paper is true,

:05:44. > :05:46.otherwise they get sued. The case continues tomorrow, when we will get

:05:47. > :05:51.to hear most of the rest of the prosecution's opening statement.

:05:52. > :05:57.Their case proper which follows is reckoned by some to be quite likely

:05:58. > :06:01.to last until Christmas. They all deny the charges of course.

:06:02. > :06:04.Steve is with us with news on the future of press regulation. This was

:06:05. > :06:09.the last ditch attempt by the newspaper, the last judicial

:06:10. > :06:14.attempt? It is quite a big day. The press attempted to get an injunction

:06:15. > :06:18.to prevent the cross-party royal charter from being sealed today.

:06:19. > :06:23.That failed this morning. Or by lunchtime. Unexpectedly those judges

:06:24. > :06:28.also ruled that the press was not entitled to bring a judicial review

:06:29. > :06:31.claim about the Privy Council decision to dismiss their own

:06:32. > :06:35.proposed charter and then towards the end of the day the Privy Council

:06:36. > :06:40.sealed the cross-party charter. We are now headed for what I think

:06:41. > :06:44.might politely be described as impasse.

:06:45. > :06:48.Meaning? Meaning that the charter doesn't sipped a regulator, it only

:06:49. > :06:52.sets up a recognition body. A recognition body I dare say at some

:06:53. > :06:59.point will be established, meanwhile the press are setting up their own

:07:00. > :07:02.self-regulator, IPSO, Independent Press Standards Organisation. Which

:07:03. > :07:06.will come in January and will continue to function and steadfastly

:07:07. > :07:11.and deliberately not seek recognition from the charter

:07:12. > :07:16.recognition body. Which will produce pressure on politicians to act. The

:07:17. > :07:20.Leveson system which puts in place a backstop to prevent the press from

:07:21. > :07:24.backsliding, doesn't exist without a recognition body to which the press

:07:25. > :07:27.submit themselves. Currently they are not willing to submit

:07:28. > :07:30.themselves? No they are not. None of the national press, as far as I can

:07:31. > :07:36.see are willing to submit themselves to, that they are not firmly in with

:07:37. > :07:39.IPSO yet. My impression talking to various people is attitudes are

:07:40. > :07:44.hardening. There is a Mail editorial, and you would say they

:07:45. > :07:51.would say this, it says a judicial farce and a dark day for freedom.

:07:52. > :07:56.Foreigners to Britain were offered a fascinating insight into the called

:07:57. > :08:01.modern democracy. The judicial farce which many will be left thinking is

:08:02. > :08:04.an establishment stitch-up has deep implications for free press and

:08:05. > :08:07.democracy. You would think they would say that wouldn't you. I spoke

:08:08. > :08:11.to the editor of a reputable newspaper who said there is a huge

:08:12. > :08:16.philosophical difference. They say sign up or else, nobody will. They

:08:17. > :08:20.are clearly on what might be described as a collision course.

:08:21. > :08:31.This may take many, many months, if not years, actually to come to a

:08:32. > :08:40.head. Coming up... # This is the darkness of the dawn

:08:41. > :08:43.# And friends are gone You need more qualifications to flip burgers in

:08:44. > :08:50.Britain than you do to teach children here. With what relish, if

:08:51. > :08:54.you will forgive a bad pun, the newbie shadow Education Secretary,

:08:55. > :08:59.Tristram Hunt, denounced Government's stance on letting

:09:00. > :09:06.unqualified adults loose in the platform. The Government hit back

:09:07. > :09:10.and said he was not to be listened to. The question of who is allowed

:09:11. > :09:22.into our children's classrooms is much, much bigger.

:09:23. > :09:26.It is the drama that has everyone talking. Only this one is being

:09:27. > :09:32.played out not on your TV. But from the classroom to the Commons. The

:09:33. > :09:37.surprising truth, Mr Speaker, is under this Government you need more

:09:38. > :09:43.qualifications to get a job in a burger bar than you do to teach in

:09:44. > :09:47.an English school. If the Labour policy is enacted, that will mean

:09:48. > :09:51.there are people currently teaching in the state sector, academies and

:09:52. > :10:03.free schools, who will lose their jobs. This is Antia Zarska.

:10:04. > :10:11.Six weeks into her new job at this state-funded free school in East

:10:12. > :10:15.London, now on its half-term break. If you have a passion for a subject,

:10:16. > :10:20.if you are always constantly improving and engaging yourself not

:10:21. > :10:24.just your students in the subject, I feel the students will enter that

:10:25. > :10:31.dialogue with you and they will ocate what you are giving them as

:10:32. > :10:34.well. Last year Michael Goof relaxed the rules, letting state schools do

:10:35. > :10:39.what the private sector has done for years and take on teachers like

:10:40. > :10:45.this. Antia has a science PhD and taught in California, but no formal

:10:46. > :10:49.teaching qualification. Antia, our chemistry teacher, when we did the

:10:50. > :10:52.advert for the post we didn't just look at unqualified teachers but

:10:53. > :10:56.everybody who applied to it. There is no-one out there. But the reason

:10:57. > :11:01.we chose who we chose is because they are best-fitted to the post.

:11:02. > :11:06.That is it, there is no huge theoretical thing behind it. It is

:11:07. > :11:10.the best person for the job. For Nick Clegg this is becoming an

:11:11. > :11:15.election issue, not hiding his opposition to official Government

:11:16. > :11:21.policy. We should have qualified teachers in all of our schools. That

:11:22. > :11:25.means free schools and academies too. If you say I have a seating

:11:26. > :11:30.plan here and I will tell you where to sit, they are immediately like I

:11:31. > :11:34.won't like what she has done. A few miles away in central London, that

:11:35. > :11:38.next generation of state school teachers, here they are learning the

:11:39. > :11:43.traditional way. A year's formal training in subjects like lesson

:11:44. > :11:48.plans and classroom control. We are just trying to get vocational

:11:49. > :11:53.training and theoretical training, you wouldn't ask the same question

:11:54. > :11:57.to lawyer or doctor. I find it the opposite of sensible that you would

:11:58. > :12:03.ask the question do teachers need to learn how to think. The problem is

:12:04. > :12:07.Mr Gove has an incorrect assumption that all we do is sit around in a

:12:08. > :12:11.classroom. We are all in school placements, we are spending real

:12:12. > :12:15.time in school. I think it is much more a combination of the two.

:12:16. > :12:19.This is the kind of basic standard, the Labour Party would like to see

:12:20. > :12:27.mandatory again across all state cools. -- schools. I don't think any

:12:28. > :12:32.headteacher should take on any teachers without qualified teacher

:12:33. > :12:37.status. All children deserve well trained teachers. You will need to

:12:38. > :12:41.go and get changed, you can't be here in a T-shirt. At one of the

:12:42. > :12:46.country's top private schools. You have lost your trouser, go and

:12:47. > :12:50.borrow some, or jape us at period three, you can't be in a tracksuit.

:12:51. > :12:53.A third of the staff here, like this politics teacher, were recruited

:12:54. > :12:56.straight from university or the private sector without a teaching

:12:57. > :13:01.certificate. That's the most important thing said in this lesson

:13:02. > :13:05.so fa If someone asked you to do a formal teaching qualification for a

:13:06. > :13:09.year, would it have put you off the profession? At that point it would

:13:10. > :13:13.have done. I had funding to do my fast masters, I wanted do it, I

:13:14. > :13:20.don't think on the back of that I would have wanted to spend another

:13:21. > :13:27.year at university. I don't think. Here though fees cost ?20,000 a

:13:28. > :13:31.year. Teaching at an inner City comprehensive might need different

:13:32. > :13:34.skills and talents. It is even more important in the state sector than

:13:35. > :13:39.it is in the private sector. Because you need passionate teachers. If you

:13:40. > :13:43.have got a group of disaffected youngsters, it is even more

:13:44. > :13:46.important that the headteacher has the flexibility to appoint someone

:13:47. > :13:56.that they think is really passionate about their subject and can connect

:13:57. > :14:00.with chirp. What did Aristotle say? Of the Ices system would like money

:14:01. > :14:03.shifted from teacher training colleges to schools. So new staff

:14:04. > :14:08.can learn on the job, in the classroom. What worries me is that

:14:09. > :14:15.they are focussing on the wrong definition of "unqualified", 250% of

:14:16. > :14:21.maths -- 50% of math teachers don't have a maths degree, and 50 pest of

:14:22. > :14:25.physics teachers don't have a physics degree, they are unqualified

:14:26. > :14:29.for me. And the Labour Party and the Liberal Democrats have no comment to

:14:30. > :14:32.make on that. For Labour this is a dangerous experiment, for the Tories

:14:33. > :14:37.a chance to show how committed they are to reform A volatile mix we are

:14:38. > :14:44.going to hear more of as we head towards the next election.

:14:45. > :14:48.Tristram Hunt, the shadow Education Secretary is here now. Ever been

:14:49. > :14:54.taught by an alified teacher? I don't know I have been taught by

:14:55. > :14:59.wonderful teachers, Mr Ellis who caught me lateral thinking, Mrs

:15:00. > :15:02.Newton my form teacher. None at your private secondary school were

:15:03. > :15:07.unqualified as far as you know? I don't think most people ask about

:15:08. > :15:12.the qualification capacity of their teachers. This is about public

:15:13. > :15:16.policy. It hasn't held you back? It is about making sure when it comes

:15:17. > :15:20.to the expenditure of tax-payers' money in the state school system

:15:21. > :15:23.that we have a minimum baseline qualification because the evidence

:15:24. > :15:28.surround the world, Jeremy, is where you have the best qualified teachers

:15:29. > :15:32.in Finland, Singapore, elsewhere, you have the best results. That

:15:33. > :15:37.doesn't seem to be an unreasonable aspiration. You are defining

:15:38. > :15:42.qualifications very narrowly? That is why the head of Brighton College

:15:43. > :15:47.was wrong. Why do most physics teachers not have a physics degree,

:15:48. > :15:51.is that acceptable? We want subject knowledge. That is absolutely vital.

:15:52. > :15:55.What we're saying is that subject knowledge is not enough. You can be

:15:56. > :16:01.a world expert in your field, but can you hold the attention of a year

:16:02. > :16:05.7? Can you actually deliver the learning outcomes, can you allow

:16:06. > :16:12.them to achieve the best for their GCSE. Being a teacher is not seism

:16:13. > :16:16.profession. -- A simple profession. Someone who has taught for 20 years,

:16:17. > :16:21.and they don't have this piece of paper? It is more than a piece of

:16:22. > :16:25.paper. If you looked at what was said there about how children learn

:16:26. > :16:28.and structure a class. These are important so children can achieve

:16:29. > :16:32.the best. Clearly they learn something on this course, but if

:16:33. > :16:35.someone has taught for 20 years, effectively, and doesn't have this

:16:36. > :16:40.cal cautious you would stop them -- qualification, you would stop them

:16:41. > :16:46.teaching would you? I think most teachers you talk to. Would you stop

:16:47. > :16:48.them teaching? There is always room for improvement, under a Labour

:16:49. > :16:53.Government we will move to a position where those teaching in the

:16:54. > :16:58.state sector will have qualified teacher status. A very engage young

:16:59. > :17:01.woman who teaches chemistry, great, no qualification by your book? We

:17:02. > :17:05.already have a system where if you have a teaching qualification from

:17:06. > :17:10.America or Australia or abroad, you can transfer that. She doesn't have

:17:11. > :17:17.a teaching Kimballcation? Under -- qualification. Under Labour we would

:17:18. > :17:23.move to qualified status. She has the subject knowledge but she needs

:17:24. > :17:27.to learn about managing classes. Have you got a teaching

:17:28. > :17:30.qualification? I couldn't teach GCSEs. You have taught at

:17:31. > :17:35.universities without a teaching qualification, is that correct? I

:17:36. > :17:38.have a PhD. Not a teaching qualification? Teaching in classes

:17:39. > :17:41.is a different matter, injure me. We are dealing with a child's

:17:42. > :17:45.development. These are complex areas. What we are saying in the

:17:46. > :17:49.Labour Government is we want the best teachers in English schools in

:17:50. > :17:53.the world. Let me return to the issue, the countries who do best,

:17:54. > :17:56.Finland, Singapore, they are not having an argument about

:17:57. > :17:59.deregulation and deskilling the teaching profession. They are having

:18:00. > :18:03.the most skilled teachers they can find. Why is this controversial.

:18:04. > :18:11.Thank you for reminding us of that. Tell us how many people in Barker

:18:12. > :18:15.Pond have teaching qualification and fail the course and don't make it?

:18:16. > :18:20.No I don't. The fact you don't know, it is something you oath ought to

:18:21. > :18:23.know. Secondly, since most people who started get the qualification,

:18:24. > :18:28.perhaps it suggests it is not as difficult to achieve as you may

:18:29. > :18:33.think? First of all you were saying it is a silly piece of paper. I

:18:34. > :18:38.didn't say silly. Where do we want to be as a nation. We have recently

:18:39. > :18:41.had some OECD figures about our levels on literacy and numeracy

:18:42. > :18:44.which shows we are in danger of slipping behind from where we need

:18:45. > :18:49.to be. How do you achieve results. You have the best possible teacher

:18:50. > :18:53.cohort possible. Would you send a child of yours to a school where

:18:54. > :18:57.there were unqualified teachers? This isn't about my children. It is

:18:58. > :19:02.about all of our children? This is about reducing risk. Would you or

:19:03. > :19:07.not? My children are educated and I'm proud they are educated in the

:19:08. > :19:12.state system, where there are qualified teachers. And there may be

:19:13. > :19:16.unqualified teachers at the schools they go to, and you don't care about

:19:17. > :19:21.that? This is why we have the policy for crying out loud. We want all

:19:22. > :19:24.teachers in the state education sector to have qualified teacher

:19:25. > :19:27.status, so they can run the classrooms to the best of their

:19:28. > :19:30.ability. Let me ask you the question again, I have obviously not been

:19:31. > :19:36.clear. Would you ever send your children to a school which employed

:19:37. > :19:44.unqualified teachers? I would send my children to schools with

:19:45. > :19:48.qualified teachers because the schools my kids go to are those with

:19:49. > :19:51.qualified teachers. Why are we having an argument about

:19:52. > :19:54.deregulating a profession when we know the best results are achieved

:19:55. > :20:00.from the most professional elements of it. Let me ask you the question

:20:01. > :20:04.again, yes or no, would you send your children to a school which

:20:05. > :20:08.employed unqualified teacherers? I will send my -- teachers. I will

:20:09. > :20:12.tend my children, and they go to school already and their teachers

:20:13. > :20:16.are brilliantly qualified. They have a long lifetime ahead of them? I

:20:17. > :20:20.want my children, as every parent warrants their children, to be

:20:21. > :20:25.taught by the best qualified, the most motivated teachers possible.

:20:26. > :20:28.And it is the case... I note you haven't answered the question to

:20:29. > :20:33.which you could have given a yes or no. In the Labour Party we want

:20:34. > :20:38.qualified teachers in the classroom. Most people watching the programme

:20:39. > :20:42.will want qualified teachers. You can't answer about sending your own

:20:43. > :20:46.children to a school with unqualified National Union of

:20:47. > :20:50.Teachersers? My kids, I will give you the answer, go to their local

:20:51. > :20:53.school and they will always... Would you consider ever sending your

:20:54. > :20:59.children, I said I wouldn't ask it one more time I have do. Sending

:21:00. > :21:01.your children to a school that employs unqualified teachers? I

:21:02. > :21:05.would always want to send my children to the schools where the

:21:06. > :21:09.teachers are as qualified as possible. You haven't answered, it

:21:10. > :21:13.is yes or no? That is every parent watching the programme tonight wants

:21:14. > :21:16.their children to be taught by teachers who are qualified. To have

:21:17. > :21:23.the wonder of learning. You want them to be talked by good teachers,

:21:24. > :21:30.which may not be the same thing? Our case is if you don't have this

:21:31. > :21:34.structure you end up with the unqualified teachers we saw at the

:21:35. > :21:38.school in Derby. If the state won't protect those children what will the

:21:39. > :21:42.Secretary of State be doing. Are you worried about standards in the

:21:43. > :21:50.independent sector? I'm more wore cleat about achieving results in

:21:51. > :21:54.Wolverhampton and Stoke-on-Trent. The independent sector employs lots

:21:55. > :21:59.of unqualified teachers, but you are not worried about them. As a

:22:00. > :22:01.Secretary of State for the Labour Government I'm concerned about

:22:02. > :22:05.taxpayer money being spent correctly. With the free school in

:22:06. > :22:10.Bradford we are seeing the misallocation of funds and

:22:11. > :22:13.unqualified teachers. We want great standards in great state schools.

:22:14. > :22:17.Thank you very much, thank you. Now the highest court in Britain

:22:18. > :22:22.decided today that a hospital had been right to withhold treatment

:22:23. > :22:26.from a very sick man, despite the wishes of his family. This important

:22:27. > :22:31.judgment in the complicated area which many of us may visit, where

:22:32. > :22:35.ethic, humanity and institutions and families collide is expected to cast

:22:36. > :22:40.a long shadow. The dying man's family had wanted doctors to

:22:41. > :22:43.continue treatment. The Supreme Court decided they were within their

:22:44. > :22:47.rights to press for that. Lower courts had been entitled to rule in

:22:48. > :22:51.favour of the hospital too. Mr James, a grandfather and

:22:52. > :22:55.professional musician was admitted to impotencive care after

:22:56. > :23:00.contracting an infection in hospital. His condition deteriorated

:23:01. > :23:05.leaving him unable to speak or breathe unaided. The hospital asked

:23:06. > :23:09.the High Court for permission to withhold some treatments if his

:23:10. > :23:13.condition got any worse. The court refused, forcing them to continue

:23:14. > :23:17.treatment. The hospital then appealed, and as Mr James became

:23:18. > :23:24.increasingly ill they won the right to withhold treatment. Just ten days

:23:25. > :23:28.after that verdict Mr James died. Despite his death his family brought

:23:29. > :23:32.the case to the Supreme Court, hoping to have the verdict

:23:33. > :23:37.overruled. This afternoon, in a complex ruling, the Supreme Court

:23:38. > :23:41.decided that on the evidence available, both of the decisions of

:23:42. > :23:48.the lower courts were correct. We are joined now from our studio in

:23:49. > :23:54.Liverpool by David's widow, May James.

:23:55. > :24:01.Even after your husband showed no prospect of recovery, you continued

:24:02. > :24:09.this legal fight, why? Because he still was showing life, a life

:24:10. > :24:19.worthwhile living. You continued the legal fight after he died? Yes to

:24:20. > :24:28.the Supreme Court. In the Appeal Court there was a precedent set that

:24:29. > :24:33.doctors if they felt that treatment was futile, invasive treatment was

:24:34. > :24:41.futile, well they didn't really have to give it to the patient. Now that

:24:42. > :24:48.meant any hospital in the country which you know, I carried this on

:24:49. > :24:53.because I wanted to help other people with family, loved ones, that

:24:54. > :24:59.may end up in a position like my husband ended up. It was whore

:25:00. > :25:05.rendous, I just would not like anybody to go through what I went

:25:06. > :25:11.through. I went through it for the love of my husband. When he died I

:25:12. > :25:19.felt no, well it has to go on to help other people. That's why. It

:25:20. > :25:26.must take a real depth of conviction to reject doctors' advice doesn't

:25:27. > :25:33.it? When the doctors started saying about withdrawing treatment it was

:25:34. > :25:40.quite a few months down the line. It was round about July last year that

:25:41. > :25:45.they first said to me they said if he should have a cardiac arrest they

:25:46. > :25:49.didn't want to resusitate, would I agree. They said to me we don't

:25:50. > :25:55.expect him to have a cardiac arrest. So I said if you don't expect why

:25:56. > :26:00.are you asking me this? Just in case he does? So I said no well I can't

:26:01. > :26:05.agree with that. Because you can't tell me what is wrong with my

:26:06. > :26:11.husband. You can't diagnose what is wrong with my husband. Tell me that

:26:12. > :26:17.he has cancer? Tell me that he has TB and I then may go along with your

:26:18. > :26:24.wishes. But until you can diagnose what is wrong with him you should

:26:25. > :26:28.not be asking me this. What do you make of the Supreme Court judgment

:26:29. > :26:32.today which seems extremely complicated and seems to come down

:26:33. > :26:41.on both sides, both the hospital and you were right? Yes, yes. What they

:26:42. > :26:46.said was at the particular time. When we were at the court of

:26:47. > :26:52.rotection, judge Jackson would not grant the hospital what they wanted.

:26:53. > :26:59.But then by the time it got into the Appeal Court Dave had deteriorated

:27:00. > :27:05.again. At that particular time the Supreme Court said today that it was

:27:06. > :27:14.right, they felt that the Appeal Court was right in passing for the

:27:15. > :27:22.hospital. For the hospital not to give the treatment. But then well

:27:23. > :27:28.they didn't give the treatment and he died. What do you feel ought to

:27:29. > :27:34.be the guiding principle in cases like this? Like what was passed

:27:35. > :27:40.today. I mean what happened at the Appeal Court, because they granted,

:27:41. > :27:47.there was the, there was a precedent set, which went against what judge

:27:48. > :27:52.Jackson said, so therefore the law had changed. What I wanted was the

:27:53. > :28:00.law changing back. What has happened today is the hospital were told that

:28:01. > :28:15.they did the right thing. The Appeal Court was right at that particular

:28:16. > :28:23.time. I was told that the appeal judges erred, they did not follow

:28:24. > :28:30.the mental capacity rules right. That what was passed on that day, at

:28:31. > :28:34.t Appeal Court was not to carry on. They have more or less gone back to

:28:35. > :28:46.what it was. The laws were changed back, I wanted it t Doctors now have

:28:47. > :28:50.got to take a different approach towards patience and stop and think

:28:51. > :28:57.a bit more about the mental capacity act. Thank you very much for joining

:28:58. > :29:01.us. You feel unwell, you go to the doctor, she prescribes you a

:29:02. > :29:06.medicine. How do you know it works? You take her judgment. How does she

:29:07. > :29:09.know it works? She takes the judgment of the regulator and the

:29:10. > :29:13.regulator examples the evidence of the people who make the drugs who

:29:14. > :29:18.stand to make a lot of money if the drug is deemed safe and effective.

:29:19. > :29:29.If what if the struck company hadn't isclosed all its evidence, only that

:29:30. > :29:32.which was commercially useful. There is nothing new about clinical

:29:33. > :29:37.trials, in medicine we use the simple but vital experiments to find

:29:38. > :29:44.out which treatment works best. A few hundred patients are recruited,

:29:45. > :29:48.half get one treatment and the other half the other, and we measure how

:29:49. > :29:52.they are doing. There is a problem, I'm standing in the laboratories of

:29:53. > :29:54.the Royal Institution, an organisation that stands for the

:29:55. > :30:00.fusion of knowledge, that is the issue. We know after trials are

:30:01. > :30:04.conducted and completed the results are routinely being withheld from

:30:05. > :30:12.doctors, researchers and patients. The very people who need the vital

:30:13. > :30:18.information to Inform decisions made about them. Paper in the British

:30:19. > :30:49.Medical Journal follows up one of the largest information

:30:50. > :30:57.Many an industry have claimed this is all in the past, is this true?

:30:58. > :31:01.No, I feel the biased underreporting of clinical trials hasn't been fixed

:31:02. > :31:06.yet. I have been concerned about it for 25 years now. I first met a

:31:07. > :31:11.delegation from the association of the British pharmaceutical industry

:31:12. > :31:16.about 20 years ago, there were some very encouraging progressions soon

:31:17. > :31:20.after that, it all went pear-shaped a few years after that. We are back

:31:21. > :31:24.to a situation now where we have promises as we had in the 1990,

:31:25. > :31:29.which haven't been followed through. This delay carries a real human

:31:30. > :31:32.cost, because while industry, researchers and regulators have

:31:33. > :31:37.failed to fix this problem over the past few decades, information is

:31:38. > :31:42.going missing every year. It is common to be told today that trial

:31:43. > :31:46.results from even ten years ago are impossible to find. From dry

:31:47. > :31:53.document storage archives like these. It is not just about doctors

:31:54. > :31:57.being misled. I'm also really concerned about patients who take

:31:58. > :32:01.part in clinical trials. They are volunteering to take part in medical

:32:02. > :32:06.research, on the assumption of further knowledge. Those trials have

:32:07. > :32:10.been suppressed in effect those patients' trust has been abused.

:32:11. > :32:16.While many an industry and research are dragging their feet, some at

:32:17. > :32:19.least are beginning to take action. We can't change things across the

:32:20. > :32:23.board but we think it is the right thing to do with the company. We

:32:24. > :32:27.recognise the issue around transparency. We beef it is right to

:32:28. > :32:33.make this data available. It recognises what is needed in

:32:34. > :32:37.science. It also recognises the great contib Bruges for clinical

:32:38. > :32:41.trials -- contributions for clinical trials. We like to think this is a

:32:42. > :32:45.highly scientific affair with laboratories and test-tubes, that is

:32:46. > :32:49.true when it comes to making a real molecule. The real proof of which

:32:50. > :32:55.treatment works best comes from trials in the real world on real

:32:56. > :32:59.patients like you and me. When a water to half of all the clinical

:33:00. > :33:03.trials are withheld from doctors, researchers and patients. People

:33:04. > :33:14.like me are practising medicine with one arm tied behind our backs.

:33:15. > :33:17.My guest is with me, set up the old trials campaign. And the chief

:33:18. > :33:22.executive of the British pharmaceutical industry.

:33:23. > :33:28.-- the Association for The British pharmaceutical industry.

:33:29. > :33:32.Maybe some of our viewers are being prescribed drugs, and the testing

:33:33. > :33:37.results of those drugs haven't been published? It is possible but

:33:38. > :33:43.unlikely. The regulator sees all the data. The regulator will look at

:33:44. > :33:46.quality, safety and efficacy. It is not acceptable that it is possible

:33:47. > :33:51.that there are people taking drugs, the results of which we may not all

:33:52. > :33:56.know? The regulator will know that information. The debate is focussing

:33:57. > :33:59.on how to make that information more broadly available. That is what the

:34:00. > :34:04.campaign that Ben has been running has been about. You are happy that

:34:05. > :34:13.the regulator has the capacity to example all the say veilable data?

:34:14. > :34:19.They axe -- the available data? They take the available data and look at

:34:20. > :34:25.it. I think it is false reassurance, if we look at medicines spotted over

:34:26. > :34:32.the course of the years. Problems with Viox, and the diabetes drug,

:34:33. > :34:38.and Tamiflu. Th weren't spotted by regulator, not because they are

:34:39. > :34:43.stupid and poorly motivated. They are highly trained and educated.

:34:44. > :34:47.Like all problems in science we need to make as many people as possible

:34:48. > :34:50.looks at the evidence. We have to let them all see all of the

:34:51. > :34:54.evidence. Regulators have a low bar, they decide if a drug works or

:34:55. > :35:00.doesn't. Doctors and researchers have to make a decision about which

:35:01. > :35:07.is the best treatments. So the argument is don't just rely on the

:35:08. > :35:15.regulator but make it available to the scientific community for

:35:16. > :35:19.assessment ctive. What is wrong with making everything available to

:35:20. > :35:24.everybody? Absolutely nothing wrong. We support greater clarify. Why not

:35:25. > :35:28.doing it? Since 2005 the industry made a global commitment to release

:35:29. > :35:34.data. In the UK the governing body for the industry in the UK, amended

:35:35. > :35:41.its Code of Practise, backed by law and the MRRA, to release all details

:35:42. > :35:43.on criminal trials. The nature of the data will be disclosed and we

:35:44. > :35:47.will work with people to make sure it is what we need. It STICHLly

:35:48. > :35:52.isn't happening, we have been hearing these promises for 20 years.

:35:53. > :35:55.It is extraordinarily dangerous to allow a situation to persist where

:35:56. > :36:00.doctors, patience and researchers are mislead about the risks and

:36:01. > :36:06.benefits of treatments. We have set up a campaign supported by the great

:36:07. > :36:10.and good of medicine. GSK, one of the biggest drug companies in the

:36:11. > :36:17.world -- companies in the world have signed up. And companies have said

:36:18. > :36:21.we will not engage with campaigns like the old trials campaigns. We

:36:22. > :36:27.have 200 patient groups representing 30 million patients, you say won't

:36:28. > :36:32.even engage with our concerns. That is not completely true, we have

:36:33. > :36:37.engaged and will continue to do so. Our medical and research departments

:36:38. > :36:42.have meetings scheduled to discuss this very issue. We will and do

:36:43. > :36:46.engage. We are committed to greater transparency. We support a lot of

:36:47. > :36:50.the objectives that you are working on. Since 2005 we have had the

:36:51. > :36:54.global commitment. We have research coming out next week that has been

:36:55. > :37:01.peer reviewed and published that will show 90% of data is now

:37:02. > :37:07.publicly available the year after license. That is the second time you

:37:08. > :37:13.have used the terms "after license". There must be drugs that aren't

:37:14. > :37:18.licensed? We have scientists, patients, the healthcare system and

:37:19. > :37:23.advocates and people like beep have a legitimate claim to say if a trial

:37:24. > :37:30.doesn't produce a result or license that information is just as valid.

:37:31. > :37:34.It is. There is commercial self-interest, western drug

:37:35. > :37:41.companies have done a pretty good job in tackling many very serious

:37:42. > :37:46.human conditions. I'm no crazed campaigner, I have stood up to for

:37:47. > :37:53.medicine for many years. We can't say it is OK for drug companies to

:37:54. > :37:57.make money while withholding the benefits of anything else. There is

:37:58. > :38:00.no legislation to prevent them from do. That the pharmaceutical industry

:38:01. > :38:04.have been campaigning hard against us. In Europe the new legislation

:38:05. > :38:09.around clinical trials in Europe is being blocked by industry lobbyists

:38:10. > :38:14.who are trying to stop a clause being put in and results posted

:38:15. > :38:20.within a year. Clinical study notes were made available by the European

:38:21. > :38:27.group. They have some. That has stopped because two drug companies,

:38:28. > :38:35.have been able to get an interim ruling from the central court of the

:38:36. > :38:40.European Union, they have done that with the full support of the

:38:41. > :38:43.European pharmaceutical's association and members of API.

:38:44. > :38:47.These companies operated individually and will operate that

:38:48. > :38:50.way to protect interests. You were opposed to that? We need to look at

:38:51. > :38:54.what happened with the two companies. It was about commercial

:38:55. > :38:57.requests for information, not scientific quests for information. A

:38:58. > :39:05.lot of the information that comes into the regulator is competitive.

:39:06. > :39:11.We have been prevented from getting access to information. We are

:39:12. > :39:15.committed to greater transparency. Same thing for 20 years. Just before

:39:16. > :39:20.we got on air the electronic musician and singer songwriter,

:39:21. > :39:26.James Blake, was announced the winner of the Mercury Music Prize.

:39:27. > :39:33.Stef Smith has not seen a bow business party where he couldn't

:39:34. > :39:37.refuse a drink. Congratulations, you have seen off David Bowie and the

:39:38. > :39:47.Artic Monkeys, how does that feel? It is not the words I would use.

:39:48. > :39:53.Bested? Within pleased to share the stage with. Not Bowie, he was on

:39:54. > :40:01.stage in a video. He was there in spirit. Sadly not all of our

:40:02. > :40:12.Newsnight viewers will have downloaded Overgrown yet. What can

:40:13. > :40:16.they expect? Don't let this bauble sway you. Just I hope that it takes

:40:17. > :40:21.you to a place that is positive for you. I don't know? What is your

:40:22. > :40:29.record like, is it a howl of pain about England and the planet today

:40:30. > :40:35.or is it more ambient chillax, give us a flavour? That is progressive

:40:36. > :40:41.for Newsnight "chillax. That is very progressive,ing? Anything beyond

:40:42. > :40:49.skiffle is. What sort of things can we expect here? It is a singular

:40:50. > :40:53.thought that runs through the album. I think I'm a common denominator

:40:54. > :40:57.there, all the way through, it is my voice and my productions and I, for

:40:58. > :41:05.the most part did it all myself. There is a couple of featured

:41:06. > :41:08.things. I did it all in my room. How important is this for you. We keep

:41:09. > :41:17.hearing that the music industry is in trouble. This is your second

:41:18. > :41:21.album. Tell us about that? I don't think the music industry is in

:41:22. > :41:26.trouble. People have found a new way to consume music, it is still my

:41:27. > :41:34.responsibility to make good music. Regardless of how you consume T OK,

:41:35. > :41:40.will you consider coming on and playing some of it for us, maybe one

:41:41. > :41:49.of the catchier numbers? numbers? Ly very experimental for your

:41:50. > :41:52.chillaxing audience. We will clear 20 minutes. Thank you very much.

:41:53. > :41:56.That's the way to deal with Steve Smith, a man from North Devon is

:41:57. > :42:00.waiting to hear officially whether he has just surfed the world's

:42:01. > :42:05.biggest wave. It wasn't by chance, it wouldn't be if you wanted to live

:42:06. > :42:11.to tell the tale. Andrew Cotton was in Portugal with various other

:42:12. > :42:16.surfers waiting to see if the storm that hit Europe this week would blow

:42:17. > :42:20.him any good. Waves that were 80 feet high that would drive the rest

:42:21. > :42:27.of us out of the water drew them. He's in Lisbon now. What was it like

:42:28. > :42:32.riding an enormous wave like that? Well it was one of those sort of, I

:42:33. > :42:39.have been or training for this day you know since I can remember well

:42:40. > :42:45.really. It was a long, long bumpy drop, going really fast. But at the

:42:46. > :42:49.same time everything was sort of in slow motion really. Just

:42:50. > :42:57.concentrating of where I wanted to be on the wave. Obviously not

:42:58. > :43:03.falling off! And sort of completing the ride. How fast are you going

:43:04. > :43:12.when you are riding a wave like that? That is a good question. I

:43:13. > :43:16.don't actually know. For me that was the fastest I have been on a surf

:43:17. > :43:19.board. We use really short really heavy surf board, which isn't like

:43:20. > :43:27.the standard surf board that you would ride at home in Devon. But you

:43:28. > :43:31.know, at a guess 20 miles an hour, but that is throwing numbers out

:43:32. > :43:39.there really. Are you scared when you are riding a wave like that?

:43:40. > :43:45.Obviously yeah, fear definitely comes into. But the second, you have

:43:46. > :43:53.to put the fear Include File Not Found -- you have to put the fear in

:43:54. > :43:58.its place. You can't be scared, you have to be focussed on the job in

:43:59. > :44:02.hand. So I am scared, but not when I'm actually surfing, it is a before

:44:03. > :44:07.and after thing. And when I'm actually surfing I put the fear in

:44:08. > :44:22.its place. On one of your rides you fell off. Yeah. I had a fall. That

:44:23. > :44:27.is nothing new, you knew what was going to happen. I'm lucky to work

:44:28. > :44:30.with experienced water guys and we have a really good safety team in

:44:31. > :44:37.practice. It is not like we just go and surf at a local beach. It is a

:44:38. > :44:42.big team that surround us doing these sort of surfing of these

:44:43. > :44:47.waves. If you come off in a wave like that, it must be like falling

:44:48. > :44:55.into an enormous washing machine or something, do you know which way up

:44:56. > :45:00.you are. You could be down for ages couldn't you? Yeah, yeah, there is a

:45:01. > :45:06.massive impact. You get shaken and yeah, I suppose you don't know which

:45:07. > :45:11.way is up or down. On this particular wave I got taken really

:45:12. > :45:15.deep, my eardrums burst a little bit. It is years and years of

:45:16. > :45:20.training and sort of commitment to what I do. It is not like it is the

:45:21. > :45:24.first big wave I have ever surfed. I know how to deal with those

:45:25. > :45:31.situations you relax and go with the flow. And you come up. You are a

:45:32. > :45:40.plumber by trade aren't you? Yeah I am. What will it be like to

:45:41. > :45:50.returning to unblocking drains? I can't wait! Thank yous very much and

:45:51. > :45:55.many congratulations, cheers. That is that. If you have ever suffered

:45:56. > :45:59.one of those dreams in which you walk into a crowded office and

:46:00. > :46:04.discover your naked, what you are about to see may strike a chored, it

:46:05. > :46:14.is not new but bears watching again. The moment when the brilliant

:46:15. > :46:25.pianist sat down to play a Mozart piano concerto the orchestra was

:46:26. > :46:32.starting up on something completely different.

:46:33. > :46:35.She made a startling recovery. You do it so well. Make sure you do

:46:36. > :46:52.it.