05/12/2017 Victoria Derbyshire

Hello, it's Tuesday,

it's nine o'clock.

I'm Victoria Derbyshire,

welcome to the programme.

Out top story today: After one

of Britain's smaller political

parties vetoed the PM's Brexit deal,

what might persuade them to back

a new agreement on the Irish border?

A question Theresa May needs to find

an answer to...fast.

'S government insiders blame a

misunderstanding, the DUP prepare to

play hardball.

We'll talk to the Democratic

Unionist Party, to a Conversative

Leave MP, and to Scotland's SNP.

Whether you voted Leave or Remain,

what do you think of events

over the last 24 hours?

Also on the programme,

a warning that sex offenders

are using live online streaming

platforms to groom children

with almost 200 suspects

arrested in one week alone.

It offers offenders an immediate

connection to children and young

people, that is one-to-one,

it allows them to manipulate

children and young people,

offer them excitement,

sympathy, some connection,

emotional connection, involve them

with games and trickery.

We'll talk to parents whose

children have been groomed

via live streaming sites.

If it's happened to someone

in your family, do get in touch.

Have you done anything to monitor

or restrict your children's

use of streaming apps?

And it's been described

as a "plague of plastic"

destroying life in our oceans.

What needs to be done to tackle it?

The UN is discussing the issue today

- we'll talk to them live.

Hello.

Welcome to the programme,

we're live until 11.

We will bring you the latest

breaking news and developing

stories.

A little later we'll hear

from Kezia Dugdale, who's

been evicted from the I'm

A Celebrity jungle after lasting

just 11 days.

She said she wanted to show

that politics wasn't

all white, male and stale.

Has she achieved her mission?

Keen to hear what you thought

of her performance -

use the hashtag Victoria live.

Our top story today.

Theresa May will meet her cabinet

this morning after returning

from Brussels last night with no

deal to push forward

the Brexit talks.

Negotiations came to a halt

after the Democratic Unionist Party,

who support the Conservative

government, rejected a proposal

to avoid which would have

avoided a hard border

between Northern Ireland

and the Republic.

Norman

Smith is in Westminster

for us this morning.

So what kind of wording will satisfy

the DUP?

It is a good question and I

think it will need more than clever

wording to satisfy the DUP because

they are mightily unhappy at the

fact they feel they were almost

bounced into accepting something

which they regard as a complete

non-runner. This idea of regulatory

alignment with Ireland. Basically

there should be the same sort of

trade and customs rules between

north and south. From their point of

view, they say we made it clear to

Mrs May we were never going to

accept that because that would have

meant different arrangements for

Northern Ireland from the rest of

the UK. To constitutional level,

that could have threatened Northern

Ireland's position in the UK but

more importantly they say our

biggest market is with the rest of

the UK, not Ireland. The part where

we want no border is with the rest

of the UK, not Ireland, that's what

we are concerned about. They are

simply not going to accept so-called

regulatory equivalents and it

doesn't matter how you dress it up,

what formulation of words you come

up with, there is principle for them

here. I think that means this will

get very difficult. You remember

when Mrs May did her deal with the

DUP to support her government, how

difficult and protracted and tents

and how long it took, well I think

that's going to be all over again

exactly the same, but the clock is

ticking because we know we have got

until next Thursday when the EU

Council meets to reach some sort of

agreement.

Thank you, Norman, for

the moment.

Ben is in the BBC Newsroom

with a summary of the rest

of the day's news.

Thank you, Victoria.

Parents are being warned

about the dangers of live streaming

apps, after it emerged paedophiles

are increasingly using them

to manipulate their victims.

The caution from the National Crime

Agency follows a week-long

operation by UK authorities,

which led to the arrest

of more than 190 people

for child sexual abuse.

Angus Crawford reports.

Hands up all those who have

used live streaming.

Aged 13 and 14, they know about apps

which let children broadcast

live from their phones.

Today, they are talking

about how to do it safely.

Somebody could be

trying to trick you.

The apps are quick to

download, easy to use.

These pupils could go live

in the playground, the street

or even their own bedrooms.

Sometimes it can be quite

dangerous because if someone

is following someone they don't

know, they will be able to see it.

Like, you don't know

who is watching you.

The real problem with some of these

apps is there is no proper checking

of age identification so that means

a live streaming service with a 17

rating could be used by children

as young as this or even younger,

eight or nine.

Look at this.

A boy and a girl on Periscope.

Now read the comments.

We don't want to identify them.

She is just nine.

Almost 1,000 people are watching

and they're mostly adult men.

We can't show you the

worst of the comments.

Periscope told us it had zero

tolerance for this kind of behaviour

but we found it on other apps too

and for the children caught up

in it, the consequences

can be devastating.

I found her inconsolable.

This is an actress

but the words are true.

Those of a mother whose 10-year

old daughter tried out

the app Omegle for fun.

He switched his webcam on,

showed him her private parts

and asked her to take photos

of herself, which she did.

She was terrified by what had

happened and scared

of what she'd done.

It offers offenders an immediate

connection to children and young

people that then allows them

to manipulate children and young

people, offer them excitement,

sympathy, connection,

emotional connection,

involve them with games and trickery

and we see children getting

basically manipulated to do things

that ultimately they are very

uncomfortable about

and don't want to do.

A campaign video launched today

warning about the dangers of live

streaming aimed at young people

and their parents and posing a stark

question - when children

broadcast live to the world

from their own bedrooms,

can they really stay safe?

Angus Crawford, BBC News.

A total ban on plastic

waste entering the ocean

is being considered by environment

ministers from around the world

at a UN meeting in the Kenyan

capital Nairobi this week.

More than 8 million tonnes of

plastic is dumped in the ocean

annually.

The UN's head of oceans has

described plastic pollution

as a "planetary emergency".

The White House has put off

a decision on whether to break

with other countries and recognise

Jerusalem as the capital of Israel.

But a spokesman said

it was a matter of when, not if,

the US embassy would move

to Jerusalem from Tel Aviv.

Both Israelis and Palestinians claim

Jerusalem as their capital.

Arab and Muslim nations

in the region have warned

against any unilateral decision.

Senior judges in the United States

have ruled that President Donald

Trump's travel ban on six mainly

Muslim countries can

go into full effect,

pending legal challenges.

President Trump originally imposed

the ban on travellers from Chad,

Iran, Libya, Somalia,

Syria and Yemen in January,

prompting mass protests

and several legal challenges.

The Supreme Court has now ruled

by seven votes to two

in favour of the ban.

A group of fishermen from the Isle

of Wight found guilty of trying

to smuggle more than 50 million

of pounds of cocaine

into the country have lost a key

review of their case.

The Criminal Cases Review

Commission, which investigates

miscarriages of justice,

says unless new evidence is found

there is no real possibility

of overturning the convictions.

Families and supporters of the group

say they are bitterly disappointed.

Rail fares are set to rise

by an average of 3.4%

from the new year.

The increase, which is below

the rate of inflation, will take

effect from January 2nd.

The group, which represents train

operators, said 97% of money

from fares goes back into improving

and running the railway.

Nearly a fifth of patients

are regularly missing GP

appointments, with younger people

being the worst offenders,

according to a new study

by The Lancet Public Health journal.

The problem's estimated

to cost the NHS at least

162 million pounds a year.

The director of the new

Freddie Mercury biopic,

Bohemian Rhapsody, has been fired

due to "unreliable behaviour".

In a statement, Twentieth Century

Fox said Bryan Singer was no longer

the director of the film.

A source told the BBC the main

reason for the decision

was "a pattern of unreliable

behaviour on set".

But Singer said he was ill

and that the studio was unwilling

to accommodate him during that time.

The singer and Strictly Come Dancing

contestant Alexandra Burke has hit

back at allegations that she's

a diva backstage.

Taking to Twitter,

she said the The Sun had

published lies about her

after there were claims she had

a heated backstage bust-up

with her dancing partner

Gorka Marquez ahead of this

weekend's dance-off.

The Sun say they stand

by their story.

It was the second week the pair

were bottom two in the competition.

That's a summary of the latest BBC

News, more at 9.30am.

Thank you, I want Germany to win for

what it's worth. John says, hats off

to the DUP for putting their foot

down. Why should we be bullied by

Europe and now Ireland. -- I want

Gemma to win.

Do

get in touch with us

throughout the morning -

use the hashtag Victoria live.

Let's get some sport with Jessica.

What's

the latest in the cricket?

Do England realistically

have a chance?

The total of 354 runs to win,

wickets have been tumbling today for

both teams. There was a faint

glimmer of hope for England but it

looks to be fading. James Anderson

finished with five wickets as

Australia were bowled out for 138.

That gave England the chance, they

now a new 350 forward level the

Ashes Series. They started well, 53

for the first wicket but LBW here.

1-run later, Mark Stoneman was also

out, after-dinner James Vince was

caught in the slips. England

currently on three, Victoria.

Do

they realistically have a chance?

England have never chased this many

runs in a Test match before. Other

teams have so it's not impossible

but it is very unlikely. Captain Joe

Root is at the crease at the moment

and how big the moment is this in

his career? A chance to write his

name into history if he leads

England towards that record chase.

Think back to how pivotal the

Australian captain Steve Smith's

unbeaten century was in the first

test, that is exactly what England

need now. Joe Root is currently on

33.

And nine years late

but Kelly Sotherton will be getting

a bronze medal from the Beijing

Olympics?

Yes, quite incredible, the fall out

from the Russian doping scandal and

Kelly Sotherton is the latest

victim, set to be awarded that

Olympic bronze medal nine years

late. It's all because the Russian

athlete lost her doping appeal.

Kelly Sotherton originally finished

fifth in that event but two athletes

have had their results annulled.

Actually it is the second Olympic

bronze she has been awarded after

the fact from Beijing. She got the

4x4 hundred metre relay medal as

well. Kelly Sotherton had won bronze

in the Athens Olympics, and when you

look at this it is a big mess. The

IOC have caught more than 100

athlete since retesting samples from

2008 and 2012.

Thank you, Jess. More

from digest throughout the morning

and she will keep an eye on England

for you. -- more from Jess.

Families say it's a huge

miscarriage of justice,

yet a group of fishermen

from the Isle of Wight jailed

for trying to smuggle more

than £50 million of cocaine

into the country have lost

the latest fight in their campaign

to get their convictions overturned.

The official body which investigates

miscarriages of justice,

the Criminal Cases Review

Commission, has decided not to refer

the drug smuggling cases

to the Court of Appeal,

rejecting what the mens' lawyer

says is new evidence

showing their fishing boat was not

near enough to pick up 12 rucksacks

containing 560lb of cocaine

from a Brazilian container ship.

Families of the five men

who were each jailed for up to 24

years say they're bitterly

disappointed but have

promised to fight on.

Jim Reed has this exclusive report.

It's one of the largest drug plots

in British legal history.

For two years now, we have

been covering this case.

A group of fishermen in prison

for trying to smuggle millions

of pounds of cocaine

into the country.

When you found out what he was being

accused of and charged with,

what was your reaction?

Oh, it's ridiculous.

What?

It's just a stupid mistake

and he'll be home.

But he never came home.

He didn't come home.

He hasn't been home since

the 18th January, 2011.

We have had exclusive access

to a team of campaigning lawyers

pushing hard for a retrial.

What we have discovered calls this

conviction into question in the most

serious way imaginable.

Spoken to one of the jurors

in the original trial.

I was convinced beyond any

reasonable doubt at the time.

Now I am convinced beyond

any doubt whatsoever.

And for the first time,

heard from the man reviewing

those guilty verdicts.

So they still could have

collected the drugs?

I think so.

More importantly, probably

I think the Court of Appeal

would have thought so.

May 2010, and a fishing boat pulls

out of Yarmouth harbour

on the Isle of Wight.

It's early evening and

a storm is drawing in.

Do we know who the SAO is?

Elsewhere in the channel,

a major surveillance

operation is under way.

SOCA, the Serious Organised Crime

Agency, has intelligence

that cocaine is onboard

a giant container ship.

A day later, the fishermen

were arrested, charged with picking

up the drugs in high seas and hiding

them here in this bay.

The five men were found guilty

at trial, and given long sentences

of up to 24 years each.

My heart was pounding,

like it was going to

come out of my mouth.

I was devastated.

Absolutely devastated.

And even more so when you heard

the reaction of the families.

It's heartbreaking.

Richard Yardley was

a juror in that trial.

The only one of the 12

who found the men not guilty.

There were a lot of things

wrong about that case.

Loads.

You want to do the right thing.

I took my job as a juror

very, very seriously.

It doesn't necessarily end

when the verdict goes through.

How convinced are you now,

looking back, seven years now?

Even more convinced.

I was convinced beyond any

reasonable doubt at the time.

Now I am convinced beyond

any doubt whatsoever.

I have absolutely no doubt

that these men are entirely

innocent of this crime.

The case against the men

was never straight forward.

A forensic search of

the boats could not find

a single trace of cocaine.

Instead, the defence team think

the conviction was based on two

key pieces of evidence.

First, navigational data,

which showed the fishing boat

manoeuvring behind the container

ship, long enough for the drugs to

be thrown overboard and picked up.

And then the testimony of two police

officers on these cliffs

as something was dropped off

the side of the boat, near to where

the drugs were later found.

Our job at this charity is to get

to the truth about a case.

We represent prisoners as lawyers,

but we investigate cases

like police officers do.

For years Emily Bolton worked

on Death Row cases in America.

Now she runs the Centre

for Criminal Appeals,

a small charity based in London.

In this case, every stone

that we have unturned has pointed

in the direction this

conviction is unsafe.

But to get her clients a retrial,

she has to show the prosecution case

was flawed, and that means finding

new evidence to put before the CCRC.

That is the Criminal

Cases Review Commission.

It's demanding, less than 1%

of the cases that get this far

end up being retried.

This process, for a lawyer who has

practised in the United States,

is extremely frustrating.

The questions that the experts

examining the case in

post-conviction have thrown up

are not being answered.

That night seven years ago,

the fishing boat, the Galwad,

did have its navigational system

switched on, recording

its exact position.

Charts used in court,

and accepted by both sides at trial,

appear to show the boat crossing

the path of the container ship.

Around the same time,

calls were made from a mobile phone

on the mainland to the satellite

phone on the fishing boat.

The navigation data that was

presented to the jury was crucial

to them in reaching a conviction.

That's because it was identified

by the judge in his summing up

as a primary factor in the case.

Emily says new analysis of the data

suggests the container ship

adjusted its course earlier

than thought, so would never

have come into contact

with the fishing boat.

The implication of the tracks not

crossing in this case

is absolutely fundamental.

If the tracks didn't cross,

they didn't smuggle the drugs.

But she needs to convince the people

reviewing the case at the CCRC

and they say the defence team's

analysis has changed over

time and can't prove

the men are innocent.

If it was the case that the boat

was still in the harbour

when the big boat went past then

obviously that would be significant,

but here we are talking

about an extra distance now.

They say that the boat was 175

metres away from the big boat,

and in our view that just didn't

make a difference.

So they still could have

collected the drugs?

I think so.

As the men sailed through

the channel, a series of calls

were made to the fishing boat

from a mobile bought that

day with a fake name.

The fishermen say a new member

of the crew, a migrant worker,

had fallen ill and was trying

to call a contact for help.

Hello.

Hello darling, you all right?

Yes.

Good.

Good.

Yes, we're OK.

Those fishermen involved didn't

make obvious suspects.

Four of the five

convicted were local.

All had no serious criminal records.

The older two were family men,

with young children.

24 years in prison.

You start thinking,

what the hell are we going to do?

The defence team then

turned their attention to the second

key piece of evidence.

The drugs search in the channel

was a major operation.

There was a Border Agency ship,

and two surveillance planes.

As the fishing boat sailed back,

it passed through Freshwater Bay.

Two Hampshire Police officers say

they were stationed here on these

cliffs, keeping watch.

They called in on their radio to say

they were seeing six to seven items

thrown off the boat at intervals.

The fishermen say they may

have been chucking waste

overboard at the time.

From my point of view,

they have been convicted

on one piece of evidence,

which I do not believe

actually happened.

And all the evidence that I see

supports the fact it didn't happen.

Don Dewar is a retired

surveillance officer.

He worked for SOCA,

the Serious Organised Crime Agency,

the same unit leading

the search that day.

He's now working unpaid

as an expert witness

for the charity's defence team.

Is it credible that in an operation

of this scale that the surveillance

would be left to two

Hampshire Police

officers on that hill?

Not possible.

It would be negligent to do so.

Especially the resources that had

gone in, with the cutter and two

fixed wing aircraft.

After saying they saw items dropped

off the side of the fishing boats,

everything then went quiet.

Those two police look-outs

on the cliff left the area.

It wasn't until the next morning

that the coastguard received a call.

Another local fisherman had found 11

brightly coloured sacks tied

around his buoy in the same bay.

They were full of cocaine.

The SOCA officer in charge then

met the two Hampshire

policemen in a car park,

so they could change their entry

in the official surveillance log.

Instead of six to seven items,

it became ten to 12 items,

the size of that holdall,

tied together in a line,

followed by a buoy.

An exact description of what had

been found that morning.

A picture of a bag recovered

and brought to a police vessel.

Changing a surveillance log

is allowed so officers can clarify

what was seen.

To the defence team,

though it seems the authorities

were trying to fit together

a case against the men.

It is not possible, if these

rucksacks came over the side,

several officers would have

witnessed it and it would have

been recorded correctly.

I can think of no occasion

when I have worked with police,

SOCA or Customs and Excise officers

it would be a precis

after the event.

What would you have done

as a surveillance officer, how

would you have run that operation?

I would've had highly trained

officers in locations

all the way along the headland.

I certainly wouldn't be leaving

that to two untrained

Hampshire Police officers.

A series of complaints

were later brought against

the officers involved.

They were cleared of

serious wrongdoing.

The CCRC says it could find no

evidence of police deception.

You have got to find something

amounting to serious misconduct,

clear bad faith, so you know,

very, very dishonest

acts by these officers,

and while there was some evidence

of they hadn't followed

all the correct procedures,

I think we tend to the view

at the CCRC that that was a mistake,

rather than malice.

There is no evidence they actually

conspired or anything like that?

No, nothing at all.

Believe me, we have looked hard,

and if it was there,

I think we would have found it.

For the defence team,

though, there are many

questions outstanding,

and together they still add

up to serious doubts

about the conviction.

Isn't it more likely that your

clients here are simply guilty?

The police's job is to detect

crime, and to bring

the perpetrators to justice.

If they bring the wrong people

to court for the crime,

they have not served their purpose,

and that is why we have a Court

of Appeal, to determine

whether that's happened or not.

When this case did get to trial,

11 of the 12 people on the jury

found the men guilty.

But for one, serious

doubts remained.

There was very little

evidence against them.

What evidence there was,

was very circumstantial.

After the verdicts, the only

person to find the men not

guilty wrote two letters.

One alleging someone

at SOCA tried to interfere

with the first court case.

If proven, that would almost

certainly result in a mistrial.

Richard's accusation was then heard

in Appeal Court by three judges.

What you said at the time,

or what you said in your letter

was that a member of SOCA,

in the unit.

Yes.

Had taken a juror aside,

and when they realised

that they were involved in this

case, had said, "Look,

we know these guys are guilty."

Yes.

That's a serious accusation.

Yes, basically, he said

to them, "They're guilty."

But after an investigation,

three judges said there was no

support for his allegation.

They questioned his credibility,

and ruled his evidence

could not be relied upon.

What I don't understand is nobody

in that Appeal Court ever asked

themselves the question,

"What has this guy got to gain

by going through all of this?

By writing these two letters?

Why would he go to all that

trouble unless what he is

saying is the truth?"

Why?

Without a fresh breakthrough,

though, the defence team's options

are now becoming limited.

The people reviewing the case

at the CCRC say based

on what they have seen so far,

there's no reason to refer

the case back to court

for a possible retrial.

The defence team's argument is, look

at all these pieces put together,

and that does raise bigger concerns

about the safety of

the conviction in this case.

Yes, and we have considered it

in that light as well,

but there was this very strong,

albeit mainly circumstantial

case, that the people

on the boat were the ones

who collected the drugs.

This isn't the end of the road.

There is still the chance for some

of the men to appeal

directly to a judge,

or, if new evidence suddenly

emerges, for the men,

their families and their supporters

then, this case is far from over.

After 10am, we'll be

talking to families

of some of the fishermen.

Also still to come:

We will bring you a fairly bad

tempered interview between a

Conservative and SNP politician and

we will tell you everything you need

to know about the phrase regulatory

alignment which is proving to be a

headache for Theresa May.

Negotiations are one-sided says this

viewer. We are giving too much and

the EU are giving nothing in return.

We must be strong and walk away.

They will soon come running after

us. Stevie on e-mail, "Finally the

English are finding out what the

majority of Northern Irish people

knew with the DUP pact. They are not

interested in only what is best for

Northern Ireland."

The UN oceans chief is warning

that the rising tide of plastic

in our seas is at epic levels.

We'll be looking at how bad

the problem has become.

." We will be asking if it's too

late.

Time for the latest

news, here's Ben.

Theresa May will meet

with her cabinet this morning

after returning from Brussels last

night with no deal to push

forward the Brexit talks.

Negotiations came to a halt

after the Democratic Unionist Party,

who support the Conservative

government, said it would not accept

a deal which saw Northern Ireland

treated differently

from the rest of the UK.

Parents are being warned

about the dangers of live streaming

apps after it emerged paedophiles

are using it to

manipulate their victims.

The warning from the National Crime

Agency follows a week-long operation

by UK authorities which led

to the arrest of more

than 190 people for child

sexual abuse offences.

The White House has put off

a decision on whether to break

with the international community

and recognise Jerusalem

as the capital of Israel.

But a spokesman said

it was a matter of when, not if,

the US embassy would move

to Jerusalem from Tel Aviv.

Both Israelis and Palestinians claim

Jerusalem as their capital.

Arab and Muslim nations

in the region have warned

against any unilateral decision.

Meanwhile senior judges

in the United States have ruled that

President Donald Trump's travel ban

on six mainly Muslim countries can

go into full effect,

pending legal challenges.

President Trump originally imposed

the ban on travellers from Chad,

Iran, Libya, Somalia,

Syria and Yemen in January,

prompting mass protests

and several legal challenges.

The Supreme Court has now ruled

by seven votes to two

in favour of the ban.

That's a summary of

the latest BBC News.

Some sport now with Jessica.

England need of record test run

chase to rescue the second Ashes

Test against Australia. James Vince

was the last wicket to fall in

Adelaide. Joe Root up now.

108-3. Russia will be banned from

the Winter Olympics, they missed Rio

because of state-sponsored doping.

It will be decided whether they have

changed enough to compete in South

Korea. Kelly Sotherton will be

awarded the Bronze medal from the

2008 Olympic Games, after the

Russian athlete lost an appeal

against a doping violation.

And Judd Trump has been knocked out

of the UK Snooker championship in

York, beaten 6-2 in the third round

by Graham. -- Graeme Dott.

Thank you.

In the space of the last few

months Theresa May called

a snap general election

so that she could boost her majority

of MPs and therefore she said get

a better Brexit deal.

That didn't go to plan and she ended

up instead losing her majority.

In order to try and cling to power,

she then did a deal with Northern

Ireland's Democratic Unionist Party

- a party of ten MPs -

handing them £1 billion in funding

effectively in exchange

for their support.

It is that deal with the DUP

which has now prevented

Theresa May from securing

a Brexit deal.

The sticking point is over

the Northern Ireland

border issue and something called

regulatory alignment.

It's a mouthful, regulatory

alignment, and it is meant to be a

phrase so vague it would keep

everyone happy, only it seems to

have left almost everyone unhappy.

So what is it meant to mean? It's

meant to signal that existing

customs rules between Northern

Ireland and Ireland will stay

roughly the same after Brexit. In

other words there would be no new

border checks, customs controls or

tiresome extra paperwork. Sounds

simple, if only! Because all sides

have different takes on regulatory

alignment. To the Irish government

it means there will be no need for a

border between north and south. To

the British government it means

there will only be a light touch

border with limited customs checks.

To the DUP however it means Northern

Ireland risks being hived off from

the rest of the UK. Their fear, that

regulatory alignment is being used

by some in Dublin to pave the way

for a united Ireland. So what

happens now? Someone is going to

have to come up with a new phrase

and perhaps we will all just have to

forget about regulatory alignment.

Instead of a celebratory press

conference yesterday,

the Prime Minister and European

Commission President Jean Claude

Junker had this to say.

Both sides have been working

hard, in good faith.

We have been negotiating hard,

and a lot of progress has been made,

and on many of the issues

there is a common understanding,

and it is clear, crucially,

that we want to move

forward together.

But on a couple of issues some

differences do remain,

which require further

negotiation, and consultation.

She is a tough negotiator,

and not an easy one.

She's defending the point

of view of Britain,

with all the energy we know she has,

and I'm doing the same on the side

of the European Union.

That was yesterday.

This morning, SNP leader

Nicola Sturgeon has said:

This could be a moment

to push to keep

the whole of the UK in the single

market and customs union.

In the last half an hour the leader

of the Scottish Tories has called

on May to look at regulatory

alignment for the whole of the UK -

not just Northern Ireland.

Earlier we got reaction from an SNP

and Tory politician,

Michael Russell, an MSP

and Scottish Government minister

for UK negotiations on Scotland's

place in Europe, and David Jones,

former Brexit minister.

The reality of the situation is the

only sensible step, apart from

staying in the EU which is a really

sensible step because this is a

waste of time and money.

It might be

for you but what about the people

who voted for it?

They were sold a

pup.

Is that patronising?

As we now

know, there were a lot of lies told.

It will damage jobs. In Scotland the

people didn't vote for it, we voted

substantially against it and a poll

yesterday showed an even larger

majority against it so the sensible

thing is to stop, look at this and

save the sensible thing is not to do

it but if they are still hell-bent

on doing it, at least do it in the

way that is least damaging. We now

coming out of the customs union will

be very damaging and now we see the

only way to square the circle in

Ireland is to be in the single

market and Customs union so let's be

sensible.

Let me bring in David

Jones, former Brexit minister. I

don't know if you caught what Mr

Russell was saying but the SNP are

saying "This is the moment now for

Britain to push to stay in the

single market and customs union

because that is the most sensible

and satisfies everybody".

We have

already triggered the Article 50

process to leave the European

Union...

You can stay in the single

market and customs union if you make

that choice.

Of course you can. You

can stay.

Your customary rudeness

does not help on this occasion. The

fact is if we are leaving the

European Union we will be leaving

the single market, customs union and

cease to be subject...

Only because

Mrs May made that choice.

No,

because that's what leaving the

European Union means, ceasing to be

bound by the European treaties. We

could seek to negotiate some form of

access or arrangement with the

customs union but that is a wholly

separate negotiation, not something

we can elect to do because we have

started the process of leaving.

Do

you think the unravelling of this

deal makes Theresa May look

ridiculous?

It was a difficult day

for her but today is another day and

she will be speaking to the DUP...

Did she not speak to them ahead of

that launch?

Clearly there was a

misunderstanding between the

Government's position and the DUP.

I'm sorry to interrupt but how is

that possible? How could there be a

misunderstanding, what do you mean?

Quite clearly Downing Street and the

DUP were not on the same page as far

as this was concerned.

How is that

possible?

I'm not the person to ask.

Dear oh dear.

I can hear Mr

Russell's intervention and he's

probably been the least productive

of anyone I have met.

You have been

led to disaster by people like David

Jones who haven't a clue.

I will

come back to you in a moment, Mr

Russell. Did the DUP do the right

thing, Mr Jones?

Clearly they have a

duty to their electors in Northern

Ireland and they want to make sure

that whatever arrangements are put

in place are satisfactory to them.

Why do you think Mrs May thought it

would be acceptable to stay in the

single market and customs union in

all but name in Northern Ireland?

Again, I'm not the person to ask

because the people to ask other

people who are advising Mrs May.

Do

you think that was a good idea?

Clearly there should have been

clarity.

Of course but the principle

of what was being suggested, do you

back that?

No, I think it's

extremely difficult to see how you

can have wholly separate

arrangements for Northern Ireland as

against the rest of the UK, but

nevertheless of course Northern

Ireland has always been a very

special case and special

arrangements have for some time been

made over the border.

Therefore you

can understand the SNP saying if

there's going to be a distinct and

unique deal for Northern Ireland as

opposed to a UK wide deal, can we

have a distinct deal for Scotland.

Bear in mind the SNP is a party of

nationalists whose aim is to break

up the United Kingdom.

But you could

argue after what Mrs May was

suggesting yesterday that that was

leading to the UK. -- to the

break-up of the UK.

Whenever we are

dealing with Northern Ireland we

have to be extremely careful to

reflect the political realities.

Final thought from you on what will

happen now.

David Jones doesn't know

what he's talking about it, he is

making a mess of it and so are the

people around him. In the name of

God, stop this nonsense because we

are being led to disaster by people

like David Jones.

Mr Russell was

probably the biggest impediment in

the negotiations in the devolved

negotiations and he's just displayed

why he is a danger to the whole

process of Brexit.

This is just

nonsense.

I am going to leave it

there but thank you for your time, I

appreciate it. David Jones and

Michael Russell, thank you.

Both sides say they are hopeful a

deal can be reached by the end of

the week, how likely is that? Let's

get reaction from Belfast.

What form of words do you think will

be acceptable to the DUP to solve

this issue?

I think you are dealing

here with a form of words which had

in them, it's often described as

creative ambiguity. What unionists

across Northern Ireland, and the DUP

is the largest party, they are

looking for clarity, looking for

certainty and what they are quite

firm about is that Northern Ireland

should be in no way differentiated

from the rest of the United Kingdom

in this process because yesterday

the talk was around alignment and

convergence with the Irish Republic

and with the EU and that convergence

would produce divergence from the

rest of the UK. As your graphic

earlier showed, that would lead in

effect to a redrawing of the border

between Northern Ireland and the sea

and the rest of the UK.

So that more

than a misunderstanding?

I find this

difficult to understand today. It is

somewhat bizarre. If you go back to

October and the Conservative Party

conference, during the conference

Arlene Foster was interviewed and

she was very clear there would be no

question of Northern Ireland

accepting a border of the sea. There

was no question of it then, that was

repeated on several occasions by her

deputy leader Nigel Dodds, and also

some other MPs.

Absolutely, but

Arlene Foster you would have thought

would have been briefed on the

proposed agreement in advance,

wouldn't you? Perhaps that was too

general briefing, I don't know.

This

goes back to the Belfast agreement

and even beyond. There has been a

tendency by Westminster negotiators

to come up with phrases and

terminology that is really about

creative ambiguity. It means one

person takes one view of it and

another person takes another view. I

suspect there may have been some

hope, some expectation by the

negotiators around Downing Street

and Westminster that if they came up

with a form of words they could sell

it to Northern Ireland is one thing

and sell it to the Irish Republic as

something different and they would

get away with it, and that doesn't

work. We need certainty. This is an

important issue. We need cooperation

between the UK and the Irish

Republic. When the previous

Taoiseach Enda Kenny was there,

there was a different approach to

things. In the summer he retired and

was replaced under the whole mood

changed.

There are some asking why a

small Northern Ireland political

party of just ten MPs is able to

call the shots on this.

It's not

just a question of one political

party with ten seats, they have a

significance in Westminster and it

shows the importance of taking seats

at Westminster. Sinn Fein don't take

their seats at Westminster, but we

are talking about one of the

constituent parts of the UK and when

Theresa May became Prime Minister

she stood on the steps of Downing

Street and spoke about being the

Prime Minister of Great Britain and

Northern Ireland. It is part of the

UK and deserves similar treatment to

the rest of the UK. That's hiving

off divergence with the rest of the

UK outside the European Union and

Northern Ireland locked into the

Republic and into the EU but with no

real say in things would create a

second-class situation for Northern

Ireland.

Jan says, "We were told so many

different things that it now seems

clear nobody had a clue." Emma

tweets, "The Conservatives haven't a

clue. We are being led into a

Dayser. Those in Northern Ireland

are allowed to stay in the EU, while

the rest are led into the abyss."

Another says Geraint Jones is an

utter embarrassment.

After 10am, we'll talk to the second

contestant voted out

of I'm a Celebrity, former

leader of Scottish Labour

Kezia Dugdale who says she has no

regrets and knows she now has

to make amends with Labour

colleagues and voters.

Next, a warning that sex offenders

are grooming children as they live

video stream on apps like Periscope,

Facebook Live and Musical.ly.

In just one week, police say

they arrested 192 suspects

across the UK on suspicion of child

sexual abuse offences and prevented

345 children from coming to harm.

30% of those cases involved

streaming, blackmail and grooming.

Live video-streaming

is like live TV.

Users log onto the app,

turn on the live-streaming feature,

aim the camera on themselves

and broadcast to whoever

is following them.

Police say offenders often

use tricks or dares,

the offer of online gifts or threats

to try to manipulate

young people into taking

their clothes off on camera

and their use by online sex

offenders is increasing.

Let's talk to Zoe Hilton

from the National Crime Agency.

John Staines who has had a long

career in child protection

and law enforcement.

In Essex is Rebecca Dilliway

with her daughter Emily

who is 11 and was approached

by someone trying to blackmail her

on one streaming app.

In Illinois is Brad Summer whose

seven-year-old daughter

was approached by a paedophile

on the live streaming app.

I'm going to start with Brad. Thank

you for talking to our British

audience. While your daughter was

using one particular app she was

approached by someone who wasn't who

they said they were. Tell us what

happened.

Sure. She was on one of

the live streaming apps and

basically having a good time with

her friends and friends of her

cousins and they are all in the

underage ten group and she got a

friend request from a person

claiming to be nine years old. She

accepted that friend request and

later to come to find out that this

person was not a nine-year-old. They

continuously tried to get her to do

things in private.

We are showing

our audience some of the screen

shots you took of the kind of

messages. Effectively this person

was asking her to take her clothes

off?

Right. She knew better luckily.

A lot of kids don't know what to do

in that situation. We were fortunate

enough to have a great line of

communication with our daughter. I

think that's key with children using

the apps is making sure that your

children feel comfortable enough to

come to you and that's what our

daughter did. Luckily and we're able

to speak to you today to let you

know, to be on the look out.

Yes.

You sent a message to this man and

we assume it's a man. "I am her

father and I am a police. We have

documented your IP address and

location I recommend you refrain

from any other contact." You got in

touch with the app. They are based

in a different country to you. How

did you find the experience of

trying to get the company to act and

what was it that you wanted them to

do and please don't name them

because we need to give them a right

of reply.

Understood. So, we had a

hard time getting hold of them. I

would have thought with the

publicity that this obtained that

they would have at least attempted

to get hold of us. We finally did

reach out to a member of their

operations group and they weren't

too forthcoming with wanting to help

out. Honestly, I believe it's more

about their income than their

fanbase or their safety.

OK. Brad,

I'm going to bring in Rebecca and

Emily who had a sort of similar

experience. Hello both of you. Thank

you very much for coming on the

programme. Hi, Emily niece to talk

to you. I know Emily you downloaded

an app on your phone without your

mum knowing, but you did go to your

mum when you started to get

inappropriate and then threatening

messages, didn't you? What kind of

things were the messages saying?

Like, are you single? And then I

just didn't reply and then like, it

was just weird because they were

just asking me like questions. Like,

are you single? Where do you live?

All that.

And how did that make you

feel?

Very frightened, but then I

just showed mum and she dealt with

it.

Rebecca, what kind of messages

did you see?

It started off with,

"You are pretty." And then it asked

if she was single and then it said,

"I would do anything for you." And

then because she hadn't responded it

turned quite aggressive. Threatening

that he was going to harm her

family. She shouldn't tell anybody

and that includes friends, family or

police. He could find out where she

lives. She should turn her location

settings off and he would track her

down and they sent photos as if he

was trying to track her.

He was in

the process of like already in the

process of...

We couldn't see what

it was, but it looked like he was

hacking her phone or iPad.

What do

you think about that as Emily's mum

Oh, I was furious. So, as soon as

she showed me, I said, "You are now

dealing with her mum." . Emily is

not bothered by you and we will be

taking it further."

Let me bring in

Zoe and John. Hello. Is this a new

online threat to children?

Well,

with live streaming we're seeing the

intensification really of the old

threats. So offenders have always

tried to groom and manipulate

children online. They have always

tried to make a connection with

children that's unmoderated that's

away from their parents and use that

connection and that manipulation,

but I think with live streaming,

because it's so immediate, you can

switch it on. You have that

immediate live visual broadcast. It

can be to one on one. It can be with

multiple people. Offenders are

really exploiting that kind of

immediacy, the fact that it's not

moderated and the fact that it's

exciting for children and young

people and really I think that's,

it's the intensification of the

threat that we are seeing. At NCA we

are seeing 100 a month of what we

would call high-risk cases. Cases

where children and young people have

been abused and exploited online.

Are you able to track down the

suspects?

We do in those cases. Our

priority is safeguarding it the

child and working with the parents

and then targeting the offender and

if we have enough evidence, we can

do so, yeah.

Right. But that must be

hard to track them down?

It can be

very difficult.

They could be

anywhere in the world.

It can be

very difficult. 192 arrests, that

was targeted at offending against

children and 30% of that was using

live streaming. So we do have

methods that we can use to target

this kind of offending, but

obviously, as you say, it is a

global threat so we really, really

need to work on our prevention and

you are education and that's why we

have launched our Live Skills

Resources. There is resources for

parents and carers of children and

young people to educate them about

live streaming and the new thaet

that they need to be aware of, but

for teachers.

I'm going to go back

to Brad and Rebecca in a moment to

see how their behaviour changed as a

result of their experience. John,

how do children go about spotting

when someone might not be who they

say they are?

Children are good.

They realise. The biggest problem is

once they find an offender online,

it is how they deal with T like Zoe

said with the education, they can't

turn to no one. And a message we

deal with a lot in our training and

we spoke to 10,000 children in the

last year is all about stranger

danger and reinventing that story

and educating the parents and that's

where it goes wrong because they

don't understand that. We tell our

children if they are in the real

world that someone will come up with

sweets and someone may say, "Come

and see my puppies." The children

understand that story. Online when

someone gives them a sweet, an

app...

Points, diamonds.

They tell

their parents and the parents ban

the game and take the device away

and punish them. That can't be

right, because we don't understand,

we don't understand why they are

doing T it is not our world. We can

parent everything else in life.

We

might not be scared, but we might be

getting rid of the device for a bit.

That's the problem, isn't it?

Rebecca, how have you changed the

way you behave with devices? I mean,

you know, Emily downloaded the app

without your knowledge. Have you

changed settings? What have you

done?

Yes, she also has Instagram

and we went straight on to Instagram

and put all the security settings

on. Deleted loads of people that she

didn't know that she was just

accepting. So the only people she is

friends with now and they were just

her school friends and me so I

follow her on Instagram and it's on

my phone too. There is no other live

streaming apps on her phone that she

is allowed to use anymore.

Is that the right decision, Emily?

How agree with that?

Yeah, I totally

agree.

Yes, it really frightened

her. The two nights after it what

happened, she couldn't go to bed on

her own. She thought efficiency

going to come and try and get her or

harm the family. She was really

worried.

Brad as the told the

suspect that was targeting your

daughter, you are a police officer,

you are a dad, you knew how to

document his IP address. Have you

changed your behaviour or were you

happy with the way you were

supervising hur daughter?

I'm happy

that my daughter listened to the way

that I was supervising her, but I

can tell you that you know tracking

these people down, it is difficult.

I mean, it takes an international

co-operation to find these people

and that's kind of road block we hit

was that you know, issuing subpoenas

for IP addresses out there,

governments approving those to grab

these suspects was probably the most

difficult challenge that we came

across. To the point of with the

fear of a child getting in trouble

for the app, I think that's the

number one thing that you need to

reiterate to your children, they

wouldn't be in trouble, or if you

delete the apps, they have friends

and they're not going to tell you if

that happens on a friend's phone.

Sure.

Open communication is crucial

in these situations.

That's a stre

good point. Thank you very much,

Brad, thanks Rebecca, thanks Emily,

thank you John and thank you Zoe

from the National Crime Agency. Your

experience is welcome, of course,

how do you monitor and how do you

supervise when your children are

using the live streaming apps, or

are they in their bedroom with their

mates doing whatever they want to

did and potentially being vulnerable

to suspects out there. The latest

news and sport at 10am. Before that,

here is the weather.

We are in for changeable weather

conditions. We are looking at a fine

and mild start. In the middle of the

week, it becomes wet and windy and

it will be colder with some of us

seeing snow. Today, you can see we

have got the yellow across us.

That's milder air. Tomorrow, we will

have it. It will be the far south on

Thursday and the cold air pushes

across the UK during Friday and also

into the weekend. So this morning a

lot of cloud around. One or two

brighter breaks here there. Most

notably across north-east England

and eastern and north-east Scotland.

We have got a peppering of showers

on high ground. The rain that we

have coming in across the north-west

will become established as we head

through the afternoon and turn

heavier and persistent. It is going

to be accompanied by strengthening

winds. Move south of that, we are

into drier conditions with some

showers on the hills and again, the

brightest conditions across Eastern

Scotland and north-east England.

Further south, we could see one or

two brighter breaks develop, but

they will be fairly transient as the

cloud comes and goes during the day

and with temperatures up to ten

Celsius, they are bang on where they

should be at this stage in December.

Through this evening and overnight

we continue with the wet and windy

conditions across the north of

Scotland. Come south, we're looking

at a lot of cloud, some showers,

particularly in the west and no real

problems lows of six to nine

Celsius. You may find fog first

thing in the morning. Tomorrow we

start off on a dry, but cloudy note.

We have the rain across Northern

Scotland. Still windy and one front

comes across us. Another one coming

in behind it. As you can see on

Wednesday, we are in the milder

conditions. The wind will become a

feature. It will be a feature on

Wednesday, but even more so as we

head on through the night and into

Thursday with the potential for

storm-force winds across the north

and the north-west of Scotland and

the wind dragging the rain quite

quickly away on to the near

Continent leaving behind it a lot of

dry weather, but some showers.

Across parts of Northern Scotland,

some of the showers will be falling

as snow, progressively to lower

levels through the day and we could

see a peppering of wintriness in the

showers coming in from the west. As

we head into Friday, again, it's the

East Coast that will see a mixture

of rain, sleet and snow showers, we

will see some more snow coming in

across the north and the west and

away from the coast some of that

will accumulate. It will be cold.

That three Celsius you saw in

Newcastle will feel more like minus

three.

Hello it's Tuesday,

it's ten o'clock.

I'm Victoria Derbyshire.

Our main story this morning:

Progress on Brexit has stalled

after one of Britain's smallest

political parties vetoed the PM's

Brexit deal over the Irish border.

The SNP says one way to solve

the issue is to stay

in the single market,

but not everyone agrees.

It's extremely difficult to do that

because we've already triggered the

Article 50 process to leave the

European Union.

You can stay in the

single market and Customs union if

you make that choice.

You can't

actually.

Yes you can. Yes you can.

We will get reaction from the SNP.

What are your thoughts of events

over the last 24 hours?

Ocean plastic is a planetary

crisis - so says the UN -

it wants tougher action

on plastic entering the seas.

A mother is holding her newborn

young, it's dead.

The UN is holding a summit in Kenya

today and we'll be speaking to them

this hour.

A group of fishermen from the Isle

of Wight who say their conviction

for smuggling 50 million pounds

of cocaine into the UK

is a miscarriage of justice - have

lost a key review of their case.

We'll be speaking to

the men's families shortly.

Here's Ben in the BBC Newsroom

with a summary of today's news.

Good morning.

Theresa May will meet

with her Cabinet and officials

from the Democratic Unionist Party

after returning from Brussels last

night with no deal to push

forward the Brexit talks.

Negotiations came to a halt

after the DUP, who support

the Conservative government,

said it would not accept a deal

which saw Northern Ireland treated

differently from the rest of the UK.

Ministers are insisting they are

close to an agreement.

We have made

a lot of progress, over the last

weeks we have made tremendous steps

forward. We are very close but not

there yet.

A total ban on plastic

waste entering the ocean

is being considered by environment

ministers from around the world

at a UN meeting in the Kenyan

capital Nairobi this week.

More than eight million tonnes

of plastic is dumped

in the ocean annually,

with China responsible

for around a quarter of it.

The UN has described the issue

as a planetary emergency.

The White House has put off

a decision on whether to break

with the international community

and recognise Jerusalem

as the capital of Israel.

But a spokesman said

it was a matter of when, not if,

the US embassy would move

to Jerusalem from Tel Aviv.

Both Israelis and Palestinians claim

Jerusalem as their capital.

Arab and Muslim nations

in the region have warned

against any unilateral decision.

Meanwhile senior judges

in the United States have ruled that

President Donald Trump's travel ban

on six mainly Muslim countries can

go into full effect,

pending legal challenges.

President Trump originally imposed

the ban on travellers from Chad,

Iran, Libya, Somalia,

Syria and Yemen in January,

prompting mass protests

and several legal challenges.

The Supreme Court has now ruled

by seven votes to two

in favour of the ban.

A group of fishermen from the Isle

of Wight found guilty of trying

to smuggle more than 50 million

of pounds of cocaine

into the country have lost a key

review of their case.

The Criminal Cases Review

Commission, which investigates

miscarriages of justice,

says unless new evidence is found

there is no real possibility

of overturning the convictions.

Families and supporters of the group

say they are bitterly disappointed.

That's a summary of

the latest BBC News.

More from me at 10.30am.

Here's some sport now with Jess.

England need what would be a record

run tests chase if they are to

salvage the match. Here is what

happened so far.

James Anderson finished with five

wickets as Australia were bowled out

for 138 in their second innings.

That gave England a chance,

they knew they needed a big 354 runs

to win the second test

and level the Ashes Series.

They started well -

53 for the first wicket.

But, Alastair Cook was given out leg

before wicket after Australia

reviewed the umpires' decision.

One run later Mark

Stoneman was also out.

After dinner, James Vince

was caught in the slips.

Captain Joe Root and

Dawid Malan are out now,

with England currently on 134-3.

We'll know later whether Russia will

be banned from the Winter Olympics.

They missed Rio because of

state-sponsored doping.

The International Olympic Committee

will meet in Lausanne this evening

to decide if they've made enough

changes to their set-up

to compete in South Korea.

Former British heptathlete

Kelly Sotherton is set to be awarded

an Olympic bronze medal,

nine years after the

2008 Beijing Games.

It comes after Russian heptathlete

Tatyana Chernova failed

to have a doping ban overturned.

Sotherton originially

finished fifth in the event,

but now two of the athletes

above her have had

their results annulled.

It's the second Olympic bronze medal

Sotherton has been awarded late,

after being bumped up to third

in the 2008 4x400m event.

In snooker, top seed Judd Trump has

been knocked out, beaten by Graeme

Dott. He spent much of the game in

his seat as his opponent at the next

six to move into the fourth round.

Neil Robertson also went out, losing

6-5 to world number 42 Mark Joyce.

Thank you.

A group of fishermen from the Isle

of Wight found guilty of trying

to smuggle more than 50 million

of pounds of cocaine

into the country have lost a key