05/11/2015 Scotland 2015


05/11/2015

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On tonight's programme we're talking Lockerbie, privacy and fruit.

:00:00.:00:23.

Balancing our right to privacy with the need for security

:00:24.:00:28.

Can we trust politicians to get it right?

:00:29.:00:35.

A daily dose of free fruit for primary kids is just what

:00:36.:00:38.

But are we asking too much of our schools?

:00:39.:00:49.

We learned today that there will not be a fresh appeal against the

:00:50.:00:52.

The Scottish Criminal Cases Review Commission has decided not to refer

:00:53.:00:57.

It believes members of the family of Abdelbaset al-Megrahi, the only

:00:58.:01:06.

man convicted of the 1988 atrocity, are not actively pursuing the case.

:01:07.:01:09.

The High Court in Edinburgh had earlier rejected a request by UK

:01:10.:01:12.

In a judgment in July 2015, it ruled they could not trigger a

:01:13.:01:20.

In a statement issued today The Scottish Criminal Cases Review

:01:21.:01:25.

I'm joined now from Brighton by John Ashton who wrote a book

:01:26.:02:11.

about Megrahi, The Lockerbie Bomber, and interviewed him in person.

:02:12.:02:20.

What is actually going on here? Is the family of Megrahi actively

:02:21.:02:27.

pursuing this case? It depends what you mean by actively. They don't

:02:28.:02:35.

live in Scotland, they don't have legal representation, formally, as I

:02:36.:02:39.

understand. Anybody who lives in Libya is just trying to survive. I'm

:02:40.:02:45.

don't see how they collectively pursue an appeal. What about the

:02:46.:02:48.

defence papers, why have they not been forthcoming? This is critical.

:02:49.:02:53.

One of the reasons they are not going to proceed with this is

:02:54.:02:57.

because it says it is not able to get to the bottom of why Mr Megrahi

:02:58.:03:03.

abandoned his last appeal. We could easily do that by asking me for the

:03:04.:03:09.

papers. I have, for instance, because Megrahi gave them to me. Why

:03:10.:03:15.

would they ask you for them? They have asked the family's solicitor.

:03:16.:03:21.

They have asked him, and in principle he is prepared to provide

:03:22.:03:24.

them. But he has asked them what their legal basis is for asking

:03:25.:03:29.

them. He cannot just hand over papers in that way. He is keen to

:03:30.:03:33.

help them, but they did not provide him with information about the legal

:03:34.:03:37.

basis for which they were asking. Moreover... Is your view then that

:03:38.:03:43.

it has been too hasty of the commission to come to this

:03:44.:03:47.

decision? It is hasty and incompetent. They could have got

:03:48.:03:51.

these papers quite easily by approaching me. If they wanted to

:03:52.:03:57.

get to the bottom of why Mr Megrahi abandoned his appeal because of

:03:58.:04:01.

interviewed his previous solicitor, they could've interviewed me. Have

:04:02.:04:05.

an affidavit from me, they have paperwork that indicates I had

:04:06.:04:09.

interviewed Mr Megrahi and got his side of the story. I am a witness in

:04:10.:04:12.

this case and they have not bothered to contact me. Tony Kelly is a

:04:13.:04:16.

witness and they have not contacted him. Will you give these papers to

:04:17.:04:22.

the commission now? Gladly, but it seems it is a bit too late. Because

:04:23.:04:26.

could have approached me well over a year ago for these but they failed.

:04:27.:04:31.

John Ashton, thank you for joining me.

:04:32.:04:33.

We want the police and secret agencies to monitor and prosecute

:04:34.:04:38.

But how do they know who is suspicious

:04:39.:04:44.

The Government's draft bill on the interception

:04:45.:04:49.

of communications aims to lay out the powers of the spies, and the

:04:50.:04:52.

Whether it is smart CCTV systems like the one reported to be coming

:04:53.:05:06.

to Glasgow... You can run the search across a vast number of cameras and

:05:07.:05:09.

locations to find a person of interest within minutes. Plans to

:05:10.:05:16.

hold everyone's Internet activity on file for a year, or are leaving

:05:17.:05:20.

security services to hack computers anywhere in the world to protect

:05:21.:05:26.

national security, the justification is always that the powers are needed

:05:27.:05:30.

to keep us safe from a growing threat. Mr Speaker, the legislation

:05:31.:05:36.

we are proposing today is unprecedented. It will provide

:05:37.:05:39.

unparalleled openness and transparency about our investigatory

:05:40.:05:42.

Powers, it will provide the strongest safeguards and world

:05:43.:05:47.

leading oversight regulations, and give the men and women of our

:05:48.:05:50.

security and intelligence agencies and law-enforcement agencies, who do

:05:51.:05:55.

so much to keep us safe and secure, the powers they need to protect our

:05:56.:06:01.

country. This is MI5 headquarters. For the past ten years spooks year

:06:02.:06:04.

have been receiving bulk records of all domestic phone calls. Not what

:06:05.:06:06.

was all domestic phone calls. Not what

:06:07.:06:33.

years, following act of Parliament so vague that most anything could be

:06:34.:06:37.

done under it. It was not illegal, it is just that the law was so broad

:06:38.:06:41.

as the information was so slight that nobody knew it was happening.

:06:42.:06:46.

It seems to me that was anti-democratic. Surely government

:06:47.:06:50.

plans today to set out the powers of intelligence agencies in a new bill

:06:51.:06:54.

are welcome. We are really concerned there are no basic safeguards in

:06:55.:06:55.

there whatsoever. We heard rumours there are no basic safeguards in

:06:56.:08:59.

the safeguards that to reason me is proposing in the new draft Bill? --

:09:00.:09:07.

Theresa May. Yell might not get. This is an advance on what the

:09:08.:09:15.

Liberal Democrats and blocked. That was termed the snooper's charter and

:09:16.:09:17.

would have been an egregious reduction of civil liberties across

:09:18.:09:20.

the country. We were proud that we did do that because the case had not

:09:21.:09:24.

been made. The case is not fully been made on these proposals, and I

:09:25.:09:28.

think they will want very considerable scrutiny, and certainly

:09:29.:09:35.

Liberal Democrat MPs and peers will be Hawks in making sure this is

:09:36.:09:38.

scrutinised to the best of our ability. Is something you think the

:09:39.:09:43.

general public is concerned about? It must be a good thing if we can

:09:44.:09:47.

stop terrorists, and there is some evidence that surveillance measures

:09:48.:09:53.

are stopping attacks from taking place. In many respects the public

:09:54.:09:59.

are often only aware of these when have been abuses of our liberties

:10:00.:10:05.

and our freedoms, when there have been law-enforcement agencies that

:10:06.:10:07.

have gone well beyond their powers, weather has been exploitation of the

:10:08.:10:14.

drafting of legislation, and often it is after the event that we find

:10:15.:10:18.

out about it. Our rulers parliamentarians is to make sure

:10:19.:10:23.

there is full scrutiny. We have had too many cases over recent months

:10:24.:10:26.

and years, including the peace in your package about the reports that

:10:27.:10:31.

Police Scotland are using inappropriate powers, I think those

:10:32.:10:37.

examples should give us pause to make sure that the presumption

:10:38.:10:41.

should always be the freedom and liberty of our activities, of what

:10:42.:10:47.

we do, whether it is online or in conversations with other people.

:10:48.:10:53.

There is the balance of law and order and security, but the

:10:54.:10:57.

presumption should all would-be first that it is freedom and liberty

:10:58.:11:00.

for ourselves, and then the appropriate powers with absolute

:11:01.:11:03.

oversight and accountability, not the other way around. We have only

:11:04.:11:10.

just found out that MI5 secretly collected all this data for over a

:11:11.:11:14.

decade on UK phone calls. It sounds alarming, but the New Year that the

:11:15.:11:17.

data was used to track terrorists and save lives. We have to take the

:11:18.:11:25.

word of our student services, but we should scrutinise them also. We have

:11:26.:11:28.

moved beyond 20 years ago when we barely recognise the existence and

:11:29.:11:34.

to get on trust. We should have much stronger legislative regulation of

:11:35.:11:39.

it. The example of Police Scotland is a very good one. When I was a

:11:40.:11:47.

member of the Scottish Parliament, myself and others negotiated with

:11:48.:11:52.

their First Minister and others about DNA retention. They said we

:11:53.:11:58.

should detain all DNA samples from those who had been arrested not

:11:59.:12:01.

prosecuted because that would prevent crime. We blocked that, did

:12:02.:12:06.

not happen, and has not been a big ballooning of crime, and civil

:12:07.:12:09.

liberties have been protected. Liberal Democrats will always have

:12:10.:12:14.

as our priority. Thank you, we must leave it there.

:12:15.:12:16.

Would an apple a day - or perhaps a carrot - have any impact

:12:17.:12:20.

Doctors are calling for all primary school children to

:12:21.:12:23.

be given a free portion of fruit or vegetables every day.

:12:24.:12:25.

The British Medical Association in Scotland has made

:12:26.:12:28.

the proposal in its manifesto for the Scottish Parliament

:12:29.:12:30.

Good morning, this is fruit Thursday. In Inverclyde primary

:12:31.:12:46.

skill children get fruit snack time, and it is free. Children their first

:12:47.:12:50.

three years of primary school get free school meals, ironically, that

:12:51.:12:56.

means many schools have cut back on providing free fruit and vegetables

:12:57.:12:59.

during snack times. There are 32 councils in Scotland. Last year

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Inverclyde was one of 16 providing free fruit. By this year it was one

:13:05.:13:11.

of just 11 still offering it. I like apples and bananas and grapes. It is

:13:12.:13:22.

healthy. And they make you strong. And big. And gives you strength. The

:13:23.:13:31.

largest organisation representing doctors in Scotland is as old

:13:32.:13:34.

primary school children should get free fruit, and they want

:13:35.:13:39.

politicians to make that pledge for next May's Scottish parliament

:13:40.:13:43.

elections. It is potentially a very important intervention because

:13:44.:13:45.

you're forming dietary habits in childhood. And we can help people to

:13:46.:13:50.

eat fruit and vegetables rather than unhealthy snacks, which of course

:13:51.:13:55.

are extremely widely available in and around schools, then we can lay

:13:56.:13:59.

down habits for the future and make a difference in the long-term to a

:14:00.:14:05.

person's health. Some children here had never tried some of the fruit

:14:06.:14:08.

before coming to school, but now they all take a piece, and they all

:14:09.:14:10.

told me... I love it! I'm joined now by Iain Ellis Chair

:14:11.:14:15.

of the National Parents Forum of Scotland and in London is

:14:16.:14:18.

Tam Fry, Spokesperson People are saying parents should

:14:19.:14:58.

give their fruit from year one, but so many do not, and when they arrive

:14:59.:15:02.

at school the taste fruit for the first time, and you can see the joy

:15:03.:15:09.

in their voices. Is this really the responsibility of schools? What

:15:10.:15:13.

about parents? Everybody would probably agree it is a good thing to

:15:14.:15:18.

do it, but is it the main thing that education should be used for was mac

:15:19.:15:24.

iPhone it quite exceptional that everything -- I found it quite

:15:25.:15:29.

exceptional that everything is being put on education. And for the BMA to

:15:30.:15:33.

say that, what are they actually doing? We already in Scotland have

:15:34.:15:39.

free school meals for kids in primary one after primary three. Is

:15:40.:15:43.

that not enough? Is that not more meaningful initiative? It is a very

:15:44.:15:49.

good initiative, and you can give them free food at the time of the

:15:50.:15:53.

school meal, but there are snack occasions, and certainly young

:15:54.:15:57.

children need snacks. They do not need the snacks they have been

:15:58.:16:01.

perhaps chewing on optional mode which are full of sugar and things

:16:02.:16:08.

like that. Much better they should have fruit at snack time, this would

:16:09.:16:11.

be ideal opportunity to introduce them to the fruit. I guess nobody is

:16:12.:16:18.

disputing that it is good for them to need food, but there is a

:16:19.:16:22.

question of affordability. At the moment you out of 32 councils are

:16:23.:16:25.

providing free fruit, that is down on what it used to be. Perhaps they

:16:26.:16:31.

can afford it. My own authority used to do it, and it was five days a

:16:32.:16:39.

week and emotive wastage was unbelievable. Should we be supplying

:16:40.:16:45.

it? A couple of days a week, yes, but we have got to look at the

:16:46.:16:47.

bigger picture, financial and arriving. The key part that schools

:16:48.:16:52.

have to play is that they need to bring in the education and educate

:16:53.:16:56.

the children. And the parents. Parents need to take it on the

:16:57.:17:00.

shoulder as well and say, this is an issue not just for school to deal

:17:01.:17:04.

with, because at the end of the day we as parents have children more

:17:05.:17:10.

than anybody else. And I'm wondering, if there is money needing

:17:11.:17:15.

to be spent on bigger issues like the attainment gap, which is in the

:17:16.:17:18.

headlines so much at the moment, is this a priority? Is there actually

:17:19.:17:23.

evidence that an initiative like this makes an impact? Certainly

:17:24.:17:31.

south of the border we have evidence, we have been giving

:17:32.:17:34.

children free fruit for a long time, and the actual value of that has

:17:35.:17:39.

been charted and the literature has been written. It has been found to

:17:40.:17:43.

be successful and it continues. I would say that the purchase of a few

:17:44.:17:48.

pieces of fruit as a percentage of the price of the school meal is very

:17:49.:17:53.

small. You will have some wastage, that is fresher, that is

:17:54.:17:58.

regrettable. But in the end you will find that you have less and less

:17:59.:18:01.

wastage as the children take on the benefits of having fruit. We must

:18:02.:18:06.

leave it there for this evening. Thanks to you both.

:18:07.:18:08.

A major new exhibition celebrating the work of Scotland's women artists

:18:09.:18:11.

It's the first time an exhibition entirely devoted to

:18:12.:18:18.

women has been staged with work by 45 artists over 80 years.

:18:19.:18:22.

The show underlines the peculiar challenges women faced

:18:23.:18:24.

in making work, as our Arts Correspondent reports.

:18:25.:18:38.

Being an artist isn't easy, and for women there was the added challenge

:18:39.:18:43.

of having no access to art education until the middle of the 19th

:18:44.:18:48.

century. Even those whose husbands and fathers were artists as well had

:18:49.:18:52.

to consider their at a hobby, or use only their surname to be taken

:18:53.:18:58.

seriously. Being Royal did not make it any easier. Princess Louise was

:18:59.:19:02.

Queen Victoria's. , and the first member of the Royal Family to go to

:19:03.:19:08.

art college. Like all women, she discovered that art education had

:19:09.:19:13.

its limitations. Women were unable to attend life drawing classes until

:19:14.:19:17.

the 1900, and even then they were shy segregated and chaperoned. And

:19:18.:19:27.

that breakthrough did not change the culture which still assumed that

:19:28.:19:29.

women should only tackle certain subjects, as the artist Joan Edley

:19:30.:19:35.

discovered in the 1950s with a nude painting of a male friend. The fact

:19:36.:19:40.

that she had painted a man, a friend, lying naked on a bed, they

:19:41.:19:45.

just thought it was the most terrible thing. Hadn't been a man

:19:46.:19:50.

painting a woman, there would have been nothing done about it. But

:19:51.:19:54.

unfortunately the mail at critics of the time just took it apart. Not

:19:55.:19:59.

because it wasn't a good painting, because it is fabulous, but because

:20:00.:20:13.

it was a woman doing it. Joan didn't paint another note, but others did.

:20:14.:20:19.

Like the men around them, no subject was ruled out. It was radical for a

:20:20.:20:30.

woman to be working unchaperoned in the 1880s. You have stylish

:20:31.:20:36.

portraits, you have paintings of the concentration camp when it was

:20:37.:20:46.

liberated. It was painted with great bravery. Also paintings of sheer

:20:47.:20:50.

abstraction. And sheer beauty. Today's women artists have equal

:20:51.:20:54.

access to education facilities, but they still face many of the same

:20:55.:21:01.

challenges as those early pioneers. At times, family had to come first.

:21:02.:21:06.

Nowadays it is a lot easier. I think women artists have always struggled

:21:07.:21:11.

to get the time and recognition and just be able to work on equal terms.

:21:12.:21:19.

Each artwork tells a different story, many untold until now. This

:21:20.:21:24.

was the first woman appointed rector of Glasgow School of Art, but died

:21:25.:21:29.

before she could take up the post. This sculptor studied under Auguste

:21:30.:21:40.

Rodin. There are issues that women have had to suffer as a result of

:21:41.:21:46.

their gender. By looking at those issues, we can approach and

:21:47.:21:52.

otherwise familiar chapter of our history in a new and hopefully

:21:53.:21:54.

inspiring way. Joining me now to discuss

:21:55.:21:58.

the rest of the day's news are Observer columnist Kevin McKenna and

:21:59.:22:01.

author and journalist Katie Grant. Welcome to you both. Let's start

:22:02.:22:16.

with the story from earlier, free fruit for primary school children.

:22:17.:22:20.

That is the proposal. To you think this is something else schools

:22:21.:22:24.

should be doing? Think it is nice that Freuchie be part of the school

:22:25.:22:30.

day, but in some ways it might be more useful to give them fruit than

:22:31.:22:34.

endless computers. I hope they won't give them fruit and expect that to

:22:35.:22:37.

be yet. It looked as though the primary school in the package were

:22:38.:22:44.

cutting it up and making it look nice, I think it would be nice if

:22:45.:22:51.

they had a graph to show you what chips do you do to you and what

:22:52.:22:55.

fruit do to you. That would be real education. My own children are

:22:56.:23:03.

supposed to have healthy free school meals, but often he comes home and

:23:04.:23:07.

tells me he has had pizza and strawberry milk. I wonder what will

:23:08.:23:18.

happen after the novelty disappears. I know several people who have

:23:19.:23:24.

children at various schools and there doesn't seem to be any

:23:25.:23:31.

uniformity or at evens to lay down minimum of nutrients and balance you

:23:32.:23:39.

will have in your annual. That is because the deliveries are the

:23:40.:23:41.

responsibility of each local authority. The matter what the

:23:42.:23:46.

national government does, local authorities will make spending

:23:47.:23:49.

cuts. They will choose what the priorities are. It is all very well

:23:50.:23:55.

to say, yes, we will give them all fruit, but there are lots of

:23:56.:24:01.

households and local authorities with higher than average numbers of

:24:02.:24:07.

per household is. I would be more concerned about young children

:24:08.:24:11.

coming to school without having had anything to eat, perhaps not going

:24:12.:24:17.

to eat for another day or so, and just make sure they have something.

:24:18.:24:23.

Unfortunately a lot of those children will turn their nose up at

:24:24.:24:26.

fruit and veg in favour of a hamburger and chips. I would prepare

:24:27.:24:32.

cash preferred they had that than nothing at all. I accept that

:24:33.:24:36.

children need more than fruit, but there is lots of imaginative stuff

:24:37.:24:41.

you can do. You can teach them about the seasons. You don't need exotic

:24:42.:24:45.

fruitful stop make it part of an educational lesson. It doesn't have

:24:46.:24:51.

to be this thing you give to children because it is good for

:24:52.:24:55.

them. If you give it to children like that, they are likely to turn

:24:56.:24:59.

their nose up. It will just be something else you get at school,

:25:00.:25:11.

really. Let's move on. The war of words moved on regarding tax credit

:25:12.:25:14.

cuts. At First Minister's Questions today,

:25:15.:25:16.

Kezia Dugdale pressed Nicola Sturgeon to say

:25:17.:25:18.

whether she would pledge to restore Under the Scottish Government's

:25:19.:25:29.

proposal, will every single family receive the same entitlement from

:25:30.:25:33.

the government as they do now? And not quite sure what it is that is

:25:34.:25:38.

difficult to understand. I don't accept these cuts will take place.

:25:39.:25:42.

There is pressure building on George Osborne to reverse them. Right now,

:25:43.:25:46.

that is where we should be united in making sure the pressure stays on

:25:47.:25:54.

the Tories. If George Osborne does the wrong thing, we will come

:25:55.:25:59.

forward with credible proposals to protect low-income families. ,

:26:00.:26:03.

people around this country who are worried about about their tax

:26:04.:26:07.

credits deserve more than slogans. They deserve detail from a

:26:08.:26:11.

government that they now can deliver.

:26:12.:26:14.

But last night on this programme, the SNP's Social Justice Secretary

:26:15.:26:16.

We will ensure that their income does not fall as a result of any

:26:17.:26:29.

changes to the tax credit along the line already proposed by the Tories.

:26:30.:26:33.

What do you take from that? Last night, Alex Neil appeared to be

:26:34.:26:40.

saying that he agreed with Labour. Alex Neil was coming up with the

:26:41.:26:45.

detail that Nicola Sturgeon was accusing Labour of not possessing.

:26:46.:26:48.

Scottish Labour has said that in order to fund this they would first

:26:49.:26:58.

of all the cat claiming it from air passenger duty and taxing higher

:26:59.:27:02.

earners. The SNP are saying we will wait and see. If you are a cynic,

:27:03.:27:07.

you would say that is a delaying tactic. We don't know when the

:27:08.:27:13.

Chancellor will deliver because for two weeks in a row, David Cameron

:27:14.:27:17.

has answered the same question in the House of Commons and said wait

:27:18.:27:23.

and see to all and sundry. Do you think the SNP or on the back foot

:27:24.:27:30.

year? Watching that for the second time, I thought Nicola Sturgeon did

:27:31.:27:35.

look a bit on the back foot. For the Labour Party and the SNP, this is

:27:36.:27:40.

pure politics. It has sort of moved beyond tax credits. All the

:27:41.:27:45.

interested in doing now is discrediting the Tories and each

:27:46.:27:48.

other. It has become a purely political thing. We don't robot

:27:49.:27:54.

either will actually do. Haven't the Scottish Conservatives been left off

:27:55.:27:59.

the hook year? I think that is what Katie was getting at. It suggests

:28:00.:28:06.

the curious image of three bald men fighting over a comb. We have two

:28:07.:28:12.

left of centre parties in Scotland is destined to be ruled by them.

:28:13.:28:18.

They are in broad agreement that the rim opposition to the concept of the

:28:19.:28:23.

Conservatives. Listening to that debate and listing the other week,

:28:24.:28:26.

people who are looking for clarity, those who will be most affected,

:28:27.:28:32.

will not find it in those debates in Hollywood. Scotland is expected to

:28:33.:28:36.

take about a third of the 1000 Syrian refugees due to arrive in the

:28:37.:28:43.

UK before Christmas. Is this a good thing? It is only 350 people. It is

:28:44.:28:52.

not a lot. I think Scotland will cope pretty well. The bit of the

:28:53.:28:57.

rhetoric at don't like is when Scotland is Kenneth held up as being

:28:58.:29:00.

much nicer than the rest of the world. 350 people does not turn us

:29:01.:29:08.

into some huge charity. I hope the Syrians will be welcomed here and

:29:09.:29:13.

we'll find a good life here. I am afraid that is where we have to

:29:14.:29:17.

leave at this evening. Thank you for coming in.

:29:18.:29:18.

That's all from us for this week. Thanks for watching.

:29:19.:29:21.

I'll be back same time on Monday night.

:29:22.:29:23.

Do please join me then. Goodbye.

:29:24.:29:35.

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:29:36.:29:44.

Battery life on smartphones is the best thing about them,

:29:45.:29:53.

cos when the battery runs out, then I'll interact with my kids.

:29:54.:29:56.

We're down the park, I'm like, "Well, that's run out.

:29:57.:29:58.

"Better find out where they're going with those old men."

:29:59.:30:02.

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