10/03/2014 Reporting Scotland

Tonight, on Reporting Scotland: claims that the safety of Scotland's

railways could be at risk because new zero hours contracts mean

experienced maintenance staff are leaving the industry.

Also on the programme: and inexperienced young man coming along

does not always look. He does not know how to find fault.

It is a very dangerous environment. Gordon Brown proposes that the

Scotland is given new tax raising powers to create a "partnership of

equals" with the rest of the UK. An inquiry hears how a driver who

crashed into two students killing them both told police he had nothing

to say, just sorry. We meet the Edinburgh film-maker who's gone back

to his roots to encourage teenagers to pick up a camera.

And after the disappointment of coming so close to a Cup upset,

Albion Rovers say they're looking forward to their money-spinning

replay with Rangers. There's a claim this evening that

lives are being put at risk on our railways because experienced

maintenance staff are leaving the industry following the introduction

of controversial zero hours contracts. One rail worker has told

BBC Scotland he fears the consequences of the use of

inexperienced staff. And tonight, the chairman of a House of Commons

committee has said he's investigating. Safety checks are

ordered across Britain's rail network after a high-speed train

derailed in Cumbria. An express train in 2007 derailed in

Cumbria. 28 people were seriously injured. Investigators concluded a

track fault was to blame. The testicle, Britain's railways are

among the safest in Europe. Could that record be at risk? Maintaining

our railways is a vast and complex task requiring a highly skilled

workforce. There is a warning today that the introduction of zero hours

contracts is forcing more and more skilled workers to turn their backs

on the rail industry. It is more intricate than most

people understand. This specialist welder on the

railways refused to accept a zero hours contract from a previous

employer. It would have meant no guarantee of work or play, while

preventing him working for anyone else. He took his case all the way

to the Court of Session and one. He still has safety concerns.

I understand the layout of the track. And inexperienced young man

coming along does not know what he is looking at. He doesn't know how

to find fault. It is a very dangerous environment. Dangerous for

the employees and for the people on the trains. If I do not do my job

correctly, that is coming off. Tonight the chairman of the Commons

committee says he is investigating. There are issues of safety on the

site but also safety in general because they are losing a skilled

workforce. This gives us cause for concern.

Any statement, Network Rail said that they were aware of the concerns

of zero hours contracts by some track maintenance companies. It was

conducting a thorough review and it would be implementing a new approach

this year. Employers are often seeking

flexibility within the workforce. What this judgement says that you

cannot achieve that by moving permanent staff onto zero hours

contracts, without going through clear consultation.

This crash till serves as a stark reminder of what can go from when it

is a fault on the track. These are scenes that nobody wants to see

repeated. Two major figures in the No campaign

have outlined their vision for further powers for Holyrood in the

event their side wins the independence referendum. The SNP has

been calling for opponents to come forward and say what the alternative

to independence would be. Today former Labour Prime Minister Gordon

Brown and the Liberal Democrats Ming Campbell both set out their

thinking. Our political editor Brian Taylor is here to tell us what they

are. It's just one man's views. But then

that man is the former Prime Minister. Put it this way, I reckon

that today we learned the broad shape of the Labour offer to

Scotland. Gordon Brown wants to recalibrate the Union. So that, for

example, Holyrood cannot be over-ruled on devolved powers. He

also wants a formal UK constitution - covering common defence, security

and, importantly, welfare. That means continuing to share money so

that pensions and benefits remain the same across the UK. But he wants

Holyrood to have more financial clout as well.

Were in a new world where it is a partnership of Scotland, England,

Wales and Northern Ireland. There is also risk and resource sharing. That

is why we must retain power for pensions and social security and

security that people want for the future of their lives.

So the idea is - make MSPs more responsible for raising money, not

just spending it. But how? Transfer control of VAT? European Union rules

say No. How about corporation tax? Labour says No, companies would just

move around the UK to dodge tax. So income tax it is. The Scottish

Parliament already has a very limited power to vary income tax -

but hasn't used it. From 2016, Holyrood will control 10p in the

pound of your income tax. They can raise that, lower it or leave it

alone. Gordon Brown says: make that 15 pence instead. He says that would

leave Holyrood raising 40% of its spending. I reckon Labour will go

for that - while still pondering what to do with upper rates of

income tax. Perhaps a limited power to reverse any Westminster cuts

which benefit high earners? How about other parties? A Tory

commission on extra powers will report in May. And the Liberal

Democrats? Sir Menzies Campbell has been updating their thinking. He

wants all supporters of the Union to work together and promise more

powers for Holyrood next year - whoever wins the UK election. But

he'd go further on tax than Labour - so that Holyrood raise the money for

the majority of its spending. He also wants Holyrood entrenched -

that means it cannot be abolished. What I am seeking to do is to turn

that into commitment. And the supporters of independence?

To say the least, they're sceptical. For Nicola Sturgeon this is not

child's play. Today she was outlining new plans to tackle child

poverty. It is only possible with the full powers of independence. She

says Labour initially talked about devolving income tax entirely and

cannot be trusted. Gordon Brown was pregnant as a folly

number of years and was in Government for more than ten years

and did not deliver the powers that he is now saying he thinks Scotland

needs. That underlines the point that the only way we can secure new

powers and the new powers that Scotland needs to meet the

challenges we face, is to vote yes in the referendum and support

independence. As new posters appeared in

Scotland, National insisted there was no single beer alternative to

independence. The ideas for reform of the Union

are emerging. And there may well be co-operation. But there's another

motivation - which is for the pro-Union parties to compete for

voter attention with a UK General Election just over the horizon.

The result of the independence referendum will not make a

difference to the future of the Grangemouth oil refinery according

to its boss. Jim Ratcliffe, whose company Ineos operates the plant,

told the BBC: "It will survive in both scenarios." The petrochemical

giant employs more than 1300 people at Grangemouth.

You're watching Reporting Scotland from the BBC. Still to come on

tonight's programme: Events take place across the world to mark

Commonwealth Day - but one charity says it should be used to highlight

human rights issues. In sport, Albion Rovers will reap

the rewards of their Scottish Cup replay against Rangers.

And if you can bear to watch, the interception we'd rather not see

again. We talk to former skipper Al Kellock about Scotland's oh so close

performance against France in the Six Nations.

A driver whose car mounted a pavement and smashed into two

students killing them told police he was "just sorry". Fifty-year-old

William Payne told police probing the double tragedy in Glasgow on

December 17, 2010 he thought he was fit to drive. Mr Payne then went on

to tell officers that he had been suffering blackouts since Christmas

Day 2007. Mhairi Convy and Laura Stewart both were killed. Criminal

proceedings against Mr Payne were dropped. After the fatal crash, this

man was interviewed by police. The enquiry had that tape recording

today. In it, he admitted he had had seven or eight blackouts since

Christmas Day 2007. On the 17th of December 2010, these girls were

going Christmas shopping. William Payne was driving down the street in

the town centre, when his car mounted the pavement and knocked

down the girls. They died later in hospital. He told the police later

that he had not informed the DVLA or his insurance company about his

blackouts. He said that he had had eight medical. A DVLA form had to be

filled out and it asked if he had any history of blackouts in the last

five years. The no box was taped. Doctors had told he had a viral

infection and he did not think he done anything wrong. He was taken to

Glasgow's Western Infirmary where he had two further blackouts. He was

fitted with a pacemaker to stop him, soon. At the end of the police

interview William Payne was charged with injuries driving and injuring

the girls so seriously that they died. Asked if he had anything to

say, he replied, just "sorry". Some members of the girls families were

in tears at this point. Criminal charges were later dropped. He did

not tell police that he had seen doctors prior to the accident. It

transpired that he had been tested for blackouts and in 2009 missed an

appointment. His doctor asked for him to be excused from jury duty in

2009 because he was concerned that the stress could cause him to

collapse again. William Payne is due to give evidence at this fatal

accident enquiry. His lawyers argue that he should not answer questions

that would incriminate him because it is still a possibility that he

could be criminally prosecuted. A sixteen-year-old youth has been

arrested after another teenager was taken to hospital having taken drugs

at party in North Lanarkshire - he was treated in intensive care after

falling ill at a house in Coatbridge and remains in hospital. A second

youth was also treated and released. The sixteen year old will appear at

Airdrie Sheriff Court tomorrow. The A83 at the Rest and Be Thankful

is due to re-open around about now - though traffic lights will continue.

The road's been closed since the early hours of Thursday morning

after it was hit by a landslip. For the first time an emergency

diversion route using the old military road was used to spare

drivers a 60 mile diversion. A look at other stories from the

across the country. Health inspectors have called for a

string of improvements after finding poor cleaning practices in the

intensive care unit at Dumfries and Galloway Royal Infirmary. The health

care Environment Inspectorate found patient equipment was dirty and

infection control procedures were not followed.

We took immediate steps and the inspectors visited some days after

their initial inspection and commended us on our progress. We

doing a fundamental refit. Police Scotland have launched a

month-long campaign to raise awareness about rape. It's aimed at

educating young men about the law, which changed in 2010 - but it's

also hoped it will persuade victims that reporting rape early increases

the chances of offenders being traced.

A solo round-the-world yachtsman from Shetland has been rescued after

his boat was damaged in a storm off the tip of South America.

54-year-old Andrew Halcrow was west of Cape Horn when the mast of his

yacht snapped. The colour of fire engines in

Aberdeen and the North east is to change from white to red. It's 15

years since the old Grampian Fire and Rescue Service changed the

livery of its vehicles, saying white was easier for motorists to see. The

new Scottish Fire and Rescue Service says it will gradually standardise

its fleet. A BBC investigation has found

breaches of procedure, policy and legal requirements at an education

project at Western Isles Council. The irregularities, going back to

2007, included excessive overtime claims with one employee receiving

fourteen thousand pounds. The Council declined to comment on any

action taken. A neglected lane in Aberdeen's City

Centre has had a make over with the help of local artists. A pair of

murals have been painted at the entrance to Adelphi Lane - just off

Union Street. The work was commissioned by business group

Aberdeen Inspired, which is paying for a clean-up of the city centre.

Events have been taking place across the country today to mark

Commonwealth Day. The Queen delivered a message at a service at

Westminster Abbey and in Glasgow a special clock was unveiled at

Central Station. But as the countdown enters its final stage,

one charity says the Commonwealth Games should be used to highlight

human rights issues in competing countries. Here's our Commonwealth

Games reporter, Lisa Summers. In Glasgow the official countdown

begins. Time for the athletes to focus on the hard work ahead. It

will be the biggest event of my career. I am all guns blazing in

training. But for these children, a chance to reflect on what it means

to be a young Commonwealth citizen. I come from Uganda. I care about the

poverty in my country and hopefully when I am older I can go and help

them. I come from Kenya. At primary school we learn about children's

rights. I come from Scotland. I enjoy learning about other cultures.

65% of the pupils at the school come from other countries, many are

refugees are asylum seekers. They enjoy learning about other

countries. They understand that not always to children enjoy the rights

they are entitled to. In London, the Queen attended a service at

Westminster Abbey, talking about working together to achieve the same

goals. The Commonwealth may be achieved -- United through sport,

but there are flash points. Graham Brady call for action against Uganda

because of their treatment of gay people. Sporting events or for an

opportunity to shine a light on human rights abuses. Whether they

make change is questionable. But they do encourage progress

behind-the-scenes. Amnesty does not want a boycott of the games. But it

does want a dialogue. It says the games can be a platform to influence

political change. The games are still five months away but the heat

is being turned up on what they are expected to deliver.

Some use just coming in, a mother who was jailed for killing her three

children has been found dead. Trees reason Reid was serving a 16 year

sentence for killing the children in 2010. -- Theresa. She had recently

been moved to a high security psychiatric hospital in England. A

desperately sad case. She was convicted in 2011 of the culpable

homicide of her three children, twins who were just eight years old,

and a younger sister, just five. She stabbed them several times at a flat

in Edinburgh. Then tried to set fire to the property. Apparently trying

to cause an explosion, before throwing herself from the balcony.

She was severely injured. She was serving a sentence of 16 years,

convicted of the lesser charge of culpable homicide. The court heard

that she had multiple personality disorders. I will never forget the

sight of her in the dock in the High Court, sobbing uncontrollably.

Unable to comprehend what was happening around her what she had

done. She said she had tried, perversely, to protect her children,

doing so because she believed she would be with them in heaven. Now we

believe that she has died in a secure hospital. She was with the

prison service in Scotland, there were alleged attacks on her. She was

transferred to England. There will now cost the enquiry into what

happened. -- of course the enquiry. -- be an enquiry.

His own film about his tough upbringing in the Muirhouse area of

Edinburgh won him a Bafta award. Now film-maker Garry Fraser wants to

encourage young people from other schemes to make their own films.

Last summer he set up a course for teenagers at Edinburgh College.

They've now made their own film as our arts correspondent Pauline

McLean reports. This was the film which one Gary

Fraser a Scottish BAFTA. Abused as a child he ended up in prison. But

film-making offered an opportunity. For the first ever time in my life I

had a sense of identity that wasn't, chunky, drug dealer. I felt amazing.

The film has since been seen at festivals around the world and of

the doors for him. He is keen to do the same for other communities, like

the one where he grew up will stop it has been working with young

people from similar backgrounds at Edinburgh College. It is always fun

with Gary. He is in the same boat as you. Does not take you out of your

comfort zone if you don't want to. Instead of going to some posh school

and doing it with people who are looking down on you, he is at the

same point as you. Not enough stories from the streets get told on

film. There are lots of films that are maybe in a different market to

people from schemes. They cannot knock the same ideas, really. Most

of the young film-makers have signed up for college courses and Gary has

plans to expand his own film-making across the country, encouraging

others to tell their own story. This is not the scheme. It is not in a

fit Street. -- in benefit Street. We wanted to stand up as a good short

film at film festivals. Sport now and it's over to Rhona. Albion

Rovers will use the fruits of their Scottish Cup run to improve their

squad - and their stadium. The League Two club has already earned

as much as they usually would in a year - and a replay against Rangers

will bring another six figure windfall. And as our senior football

reporter Alasdair Lamont reports, they're not ruling out even more cup

success. The emotions at full time of the jubilant Albion Rovers

supporters. It could scarcely have contrasted more with those of the

goalkeeper. Reflecting at home on what might have been had this

equaliser been disallowed. I am disappointed with the decision. But

it does not take away from a tremendous performance from the

team. We were excellent. Well worth a draw in the end. Controversy aside

the team wanted to be happy about. This Scottish cup run has earned

them ?250,000. The equivalent of the normal income for a year. They stand

two ?100,000 from the replay. This man must decide how to spend the

windfall. We have an old stadium, not a lot has changed. We already

had plans laid out to redevelop it and increase the capacity. This may

accelerate some of those plans. As well as sitting down with the

manager. The money spinning replay will take place at Douglas Park were

Albion disposed of Motherwell earlier in the competition. Who's to

say they will not be celebrating again? The former Scotland captain

Al Kellock admits the effect of one misplaced Scotland pass was

"massive" - It gifted France the momentum in what HAD looked like an

unlikely Scotland win. That leaves Ireland, England and France battling

it out to win the Six Nations, and the Scots second bottom of the

table. Kenny Crawford reports. Dejection at the final whistle.

Stark contrast to the 70 previous minutes. Scott Johnson relaxed until

this. Interception! And it may be a try! He goes the length of the park

to score. Nine times out of ten that ball close to hand and we score

under the posts. But taking that out of the equation we still had

opportunities to win the game. That one moment was crucial. It gave them

a lot of momentum going into the final stages. Scotland were kicked

back in front. But France replied with a penalty of their own.

Injuries to Johnnie Beattie and Sean Lamont mean they will not face

Wales. Now, a look at what else is

happening across Scottish sport. Jamie Bouley from Inverness helped

Britain to a silver medal in the four X 400 metres. The winners were

USA, Great Britain were second. There was a bronze medal for the

women's quartet. But they were unable to defend their world indoor

title, beaten by the USA and Jamaica. Aileen Neilson led her team

to a valuable victory at the Winter Paralympics. It ended the unbeaten

run of Slovakia. Great Britain are now joint second in the standings.

The West Lothian golfer, Stephen Gallacher, has secured a place at

the Masters. The 39-year-old is closer to securing automatic

selection for this year's Ryder Cup at Gleneagles. For full details of

all these stories and more, check out our website.

It has been beautiful across much of the country today. Fine conditions

are set to stay with us this week. This high pressure will become

firmly established. This evening and overnight, staying dry, long and

clear spells. One or two mist and fog patches around. With a fresh to

strong south-westerly wind, it will help keep temperatures up. Towns and

cities, fairly close to freezing. Perhaps even a couple of degrees

below. Tomorrow morning, starting on a dry note. Frost around for a time.

But it will quickly burned that with the arrival of some sunshine. Taking

a closer look and tomorrow afternoon, across the Northern and

Western Isles, sunshine, somewhat hazy. Elsewhere, a fine afternoon in

store. Highs of ten, 11, perhaps even 12 Celsius. It will feel quite

resident of the time of year. -- pleasant. The evening, staying dry

across the country. Under clear skies a widespread frost. Looking

ahead to Wednesday, the high-pressure really staying with

us. It remains the dominant feature. Looking dry, find spells of

sunshine. In the north-east, highs around 14 Celsius. Perhaps cloudier

skies across Western and Northern Isles once again. Thursday, looking

at the highest staying with us. It is claimed the lives of input at

risk and railways because experienced maintenance staff are

leaving the industry following the introduction of zero hours

contracts. Three days after a Malaysian airlines plane bound for

Beijing disappeared from the radar a massive search operation has failed

to find any evidence at all of the plane. And a woman jailed for

killing her three children in 2010 has been found dead. She was serving

a 16 year sentence and had been recently moved to a high security

psychiatric hospital in England. Good night.