01/08/2016

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:00:00. > :00:13.An Australian family living in Dingwall face deportation

:00:14. > :00:16.from tonight despite a high profile campaign aimed

:00:17. > :00:20.Kathryn Brain arrived with her husband and young son

:00:21. > :00:23.on a student visa five years ago, but a change in immigration rules

:00:24. > :00:31.It was the Brain family's dream to live in Scotland.

:00:32. > :00:35.Seven-year-old Lachlan only knows living here but the

:00:36. > :00:38.scheme that brought them here has come to an end unless Kathryn Brain

:00:39. > :00:45.We are still hopeful common-sense will prevail and the UK Government

:00:46. > :00:50.will see they made a promise to us six years ago that these visas

:00:51. > :00:53.would be available and encouraged us to sell our house

:00:54. > :00:57.and invest our lives here in a multi-year programme.

:00:58. > :01:07.I gave up a ?40,000 a year job to come here.

:01:08. > :01:10.In 2010 the family were granted a visa with the

:01:11. > :01:12.promise of staying here for two years after study.

:01:13. > :01:17.The family arrived here three months later.

:01:18. > :01:19.It was only the following year they realised

:01:20. > :01:21.the post-study work visa was to be withdrawn.

:01:22. > :01:26.So instead of being able to stay in Scotland until 2017

:01:27. > :01:31.and look for a job they have to go now.

:01:32. > :01:34.To be honest we don't know what will happen after midnight tonight.

:01:35. > :01:37.Greg and Kathryn Brain have spent today publicising their case

:01:38. > :01:40.in the media, hoping someone will offer her a job.

:01:41. > :01:42.They don't want to go back to Australia.

:01:43. > :01:45.Yes, we love Australia and we have friends and relatives

:01:46. > :01:48.back there but this is where we belong.

:01:49. > :01:55.This is all Lachlan knows, he doesn't know Australia at all.

:01:56. > :02:04.We really do feel that we belong here.

:02:05. > :02:07.The Home Office say all visa applications are considered on their

:02:08. > :02:09.merits and applicants must meet requirements of immigration rules.

:02:10. > :02:11.One immigration lawyer says their case is very different

:02:12. > :02:18.It is quite unusual for a family to be given an extension

:02:19. > :02:21.beyond the normal 28 day grace period when the visa expires.

:02:22. > :02:25.But when your current visa comes to an end

:02:26. > :02:27.you are required to either extend it prior to the expiry or

:02:28. > :02:31.within the grace period, or leave the UK at the end of it.

:02:32. > :02:38.Ten years of planning, struggling and saving and

:02:39. > :02:47.looking at these options, and going through a house buy, both of our

:02:48. > :02:50.looking at these options, and going through a house fire, both of our

:02:51. > :02:53.mothers dying of cancer in that period and telling us don't die with

:02:54. > :03:00.Passing the deadline will put the Brain family in the same

:03:01. > :03:03.position as tens of thousands of others in the UK who are here

:03:04. > :03:10.ScotRail has made a new offer aimed at ending a dispute over

:03:11. > :03:12.driver-only trains which has led to a series of strikes.

:03:13. > :03:15.The RMT union says it will closely examine the details but further

:03:16. > :03:31.This dispute is all about the possibility that more trains in

:03:32. > :03:35.Scotland will operate with the driver opening and closing the doors

:03:36. > :03:39.without the need of a conductor to do that. The unions oppose any

:03:40. > :03:44.extension of this citing safety fears they also fear the role of the

:03:45. > :03:48.conductor could be phased out. ScotRail safe run efficiently in

:03:49. > :03:52.this way and that is good for passengers and they will schedule a

:03:53. > :03:56.second person on their services. The strikes have been going on since

:03:57. > :04:00.July and a new wave hat will come through in August which will be

:04:01. > :04:02.inconvenient for passengers especially with things like the

:04:03. > :04:06.Edinburgh Festival around the corner and the two sides have been locked

:04:07. > :04:09.in an increasingly bitter stalemate. We have seen a movie the right

:04:10. > :04:14.direction this afternoon with ScotRail saying it is committed now

:04:15. > :04:17.to retaining conductors on the new fleet of electric trains that are

:04:18. > :04:21.due to come into operation next year. The unions on the other hand

:04:22. > :04:23.say they want to scrutinise the detail of the new proposal before

:04:24. > :04:24.calling off any further strike action.

:04:25. > :04:27.Police have appealed for information

:04:28. > :04:28.following a serious sexual assault on a woman

:04:29. > :04:31.in the Torry area of Aberdeen in the early hours of Saturday.

:04:32. > :04:34.It's thought the attack took place between 3.00am and 4.00am in

:04:35. > :04:38.Police Scotland want information on a light coloured estate-type

:04:39. > :04:47.It's claimed it's damaged trust between police and football fans,

:04:48. > :04:50.and now an MSP has lodged proposals to scrap a law that was brought

:04:51. > :04:54.The Offensive Behaviour at Football Act was introduced in 2012.

:04:55. > :05:03.When the law came in in 2012 the Scottish Government said it was

:05:04. > :05:07.needed to tackle unacceptable behaviour like this.

:05:08. > :05:11.Historically linked to football, especially in the west of Scotland.

:05:12. > :05:17.It's always been controversial, prompting protests from supporters.

:05:18. > :05:22.There is existing legislation which appears to work much better.

:05:23. > :05:24.It's unworkable because it is poorly drafted, the sheriffs have commented

:05:25. > :05:27.on how badly it's drafted and how difficult it is to get convictions.

:05:28. > :05:32.And it's unfair because it makes behaviours criminal in the context

:05:33. > :05:34.of a football match which are not criminal elsewhere.

:05:35. > :05:41.Now this Labour MSP is launching a consultation on scrapping the act.

:05:42. > :05:50.It's a case of using the existing laws, it's strengthening the work in

:05:51. > :05:53.And also working with football clubs to act more responsibly

:05:54. > :05:56.and fans to create an environment where people can come

:05:57. > :06:05.Something had to be put in place, legislation is now in place that

:06:06. > :06:08.shows we have an issue and we can now deal with it.

:06:09. > :06:13.If it's not the right legislation, let's look at that, but at the

:06:14. > :06:15.moment it gives the police the powers they need to.

:06:16. > :06:19.under section 1 of the Offensive Behaviour at Football Act,

:06:20. > :06:22.the highest number since the law came into force.

:06:23. > :06:26.But fans claimed more than two million people went to games

:06:27. > :06:31.in Scotland during the 2015-16 season.

:06:32. > :06:35.The Scottish Government says its law is making things better.

:06:36. > :06:37.It claims 80% of Scots support the legislation.

:06:38. > :06:42.For the first time in a long time we will have the Old Firm games

:06:43. > :06:46.on a regular basis again and this is not the time to be scrapping

:06:47. > :06:49.a bill and not the time to be scrapping a bill if we can't say

:06:50. > :06:53.It's very important, this season more than any other,

:06:54. > :06:56.that this bill is in place to see how it has an effect on Old Firm

:06:57. > :06:58.games, particularly in Scottish football in general.

:06:59. > :07:00.All four opposition parties at Holyrood

:07:01. > :07:03.have pledged to repeal the law, so there could now be a majority in

:07:04. > :07:05.parliament for kicking the act into the long grass.

:07:06. > :07:15.Earlier I asked our political correspondent Glenn Campbell if this

:07:16. > :07:17.could become the first real parliamentary test for the SNP's

:07:18. > :07:30.When this legislation came before the Scottish Parliament five years

:07:31. > :07:34.ago opposition parties were critical, but at that time the SNP

:07:35. > :07:37.had more seats in parliament than all the other parties put together

:07:38. > :07:42.and it was able to use that majority to make sure that the offensive

:07:43. > :07:50.behaviour Bill became law. Since the election this year the SNP is

:07:51. > :07:53.outnumbered at Holyrood. If all its political opponents loving up on the

:07:54. > :07:57.same side, and that seems to be what is happening in this case. I should

:07:58. > :08:02.say that the Green party, while they are in favour of repeal, want to

:08:03. > :08:05.retain some aspects of the legislation which deals with

:08:06. > :08:10.threatening communications, whether it is online or by letter, and

:08:11. > :08:13.perhaps there is some room for compromise there. Certainly the

:08:14. > :08:18.Scottish Government has indicated that it is willing to listen to

:08:19. > :08:24.criticisms and to try and address concerns, but at this stage it seems

:08:25. > :08:25.hard to believe that this legislation can remain in its

:08:26. > :08:26.current form. An independent investigation

:08:27. > :08:28.is to be carried out after Police Scotland breached

:08:29. > :08:30.guidelines on accessing data in a row linked

:08:31. > :08:32.to journalists' sources. The five breaches were linked

:08:33. > :08:38.to the investigation into the murder of Emma Caldwell,

:08:39. > :08:41.who was killed in 2005. Durham Constabulary has been asked

:08:42. > :08:43.to look into the circumstances after Police Scotland admitted it

:08:44. > :08:53.fell below the required standards. Margaret Thatcher attempted

:08:54. > :08:55.to change the economy by offering council house tenants the right

:08:56. > :08:57.to buy their home. Over the past 30 years almost half

:08:58. > :09:00.a million Scottish home owners did so, but from today the policy

:09:01. > :09:03.has been withdrawn here amid claims that it's contributed to growing

:09:04. > :09:05.housing waiting lists. Our Social Affairs Correspondent

:09:06. > :09:07.Reevel Alderson has been looking 130 on this site on the southern

:09:08. > :09:15.edge of Glasgow. This used to be one

:09:16. > :09:17.of the biggest council estates in Europe with more

:09:18. > :09:19.than 60,000 residents. Now it's transformed

:09:20. > :09:22.with many houses sold to tenants and

:09:23. > :09:25.high-rises and tenements demolished. It's a far cry from the heady days

:09:26. > :09:29.in the '80s when Mrs Thatcher's government sold off a million

:09:30. > :09:31.council properties. It's my great pleasure

:09:32. > :09:35.to hand that over to you. Mrs Thatcher's policy was being

:09:36. > :09:42.questioned. What about the 24,000

:09:43. > :09:44.homeless in Scotland? Right To Buy fundamentally changed

:09:45. > :09:48.the face Since it was introduced,

:09:49. > :09:56.almost 500,000 council and housing association

:09:57. > :09:57.homes have been sold. But in the past 20 years,

:09:58. > :10:00.only 84,000 homes have been built

:10:01. > :10:03.in the social sector. That's why housing charities say

:10:04. > :10:05.150,000 people are on the I probably bought it about 20

:10:06. > :10:13.times over, the house, June rented her flat for 27

:10:14. > :10:18.years and she's one of the last to buy her property under

:10:19. > :10:23.the legislation being scrapped now. I really love my home,

:10:24. > :10:26.it's a lovely big flat and quite a lot of the new houses

:10:27. > :10:28.are smaller now. But I've been here, as I say, that

:10:29. > :10:32.length of time, and it would be

:10:33. > :10:34.silly not to buy it. Council and housing association

:10:35. > :10:37.properties were sold at considerable discounts, but the cash didn't go

:10:38. > :10:41.back to the housing provider. The latest figures that we saw

:10:42. > :10:44.in 2014, was that people were able

:10:45. > :10:47.to buy at 40,000 a unit, whereas the average price

:10:48. > :10:53.is 150 odd. And the value of that discount

:10:54. > :10:56.is coming from the public purse and That money should be used in order

:10:57. > :11:00.to invest in housing. The Scottish Government has

:11:01. > :11:05.committed to delivering 35,000 homes for rent in five years,

:11:06. > :11:08.part of a ?3 billion investment programme,

:11:09. > :11:10.but many housing charities say at least 12,000 must be

:11:11. > :11:14.built each year to tackle Let's get the weather

:11:15. > :11:31.forecast now with Kirsteen. Thank you very much. Good evening.

:11:32. > :11:35.We have started August on a very settled note freely and tonight we

:11:36. > :11:39.continue along the theme of mostly dry conditions with some clear

:11:40. > :11:43.spells and indeed for some sheltered rural areas they chilly night with

:11:44. > :11:49.temperatures dropping just low enough to allow a touch of frost. A

:11:50. > :11:54.fairly chilly start tomorrow. Driver most of us and the sunshine quickly

:11:55. > :12:00.gets to work so about 8am tomorrow morning temperatures will be 11 or

:12:01. > :12:04.14 degrees. We will see mist and a low cloud affecting eastern parts of

:12:05. > :12:08.the Central Belt and for some parts of the north-east as well. A few

:12:09. > :12:14.showers continue to affect the Northern Isles. Cloudy conditions to

:12:15. > :12:18.come here. As we go through the day in the rest of the UK we have cloudy

:12:19. > :12:22.conditions with outbreaks of rain and eventually during tomorrow

:12:23. > :12:26.afternoon the rain will reach western parts of Scotland, with the

:12:27. > :12:32.likes of the North Highlands holding the lions share of the sunshine.

:12:33. > :12:35.Temperatures of 20 of 20 or 22 degrees under fairly muddy field

:12:36. > :12:40.under the cloud and rain. Where we see any car brakes in the south-east

:12:41. > :12:45.it will pick about 24 degrees in the sunshine here. In Scotland in the

:12:46. > :12:50.evening period we will see cloud increasing and a batch of rain

:12:51. > :12:53.continues its journey North East and turns heavy and persisted during

:12:54. > :12:58.Tuesday night especially across the North. On Wednesday we have an area

:12:59. > :13:06.of low pressure sting across the UK, fairly tightly packed isobars,

:13:07. > :13:10.especially across England Amway. A breezy day to cover showers and

:13:11. > :13:13.longer spells of rain and the showers are heavy and slow moving

:13:14. > :13:17.and thundery, especially across Scotland with bright and sunny

:13:18. > :13:22.spells in between the south-east sees the lion's share of the

:13:23. > :13:26.sunshine on Wednesday, with highs of 25. A similar story for Thursday

:13:27. > :13:31.here and elsewhere showers or longer of rain. That is the forecast.

:13:32. > :13:33.But, from everyone on the late team here in Glasgow and around