on to provide appropriate regulation on a very strict basis, it was not theirjob a very strict basis, it was not their job to a very strict basis, it was not theirjob to consider what this means for people's mental health, the family relationship. they were there to consider that would keep there to consider that would keep the r number to its lowest level but there were other people who would feed in points about well actually, if you could make a slight tweak at tallaght, could that make it better for people societally or in a mental health perspective on what would be the impact, would that have serious consequences or is that mlc have space to make? it consequences or is that mlc have space to make?— consequences or is that mlc have space to make? it wasn't straight to sadist scottish _ space to make? it wasn't straight to sadist scottish government - space to make? it wasn't straight to sadist scottish government was - sadist scottish government was following the science, the science had a role to play but you and other special advisers and other stakeholders would bring into bed the decision that wouldn't necessarily be science —based? the necessarily be science -based? the science necessarily be science —based? tue: science underpinned necessarily be science —based? tte: science underpinned everything and if you suggest changes, if ministers

wanted to do something different though not normally be referred back to see if we could calculate what that would do, if the minister propose something that would be calculated or modelled to push the r number above, that would not likely be taken forward so you will underpinned by science and cautioned by it and how far you could go. but science was _ by it and how far you could go. but science was not the be all and end all of the governmental approach? tt was dominant. but i do not think you can take decisions in a situation without being aware of other factors. ~ . , , factors. what we see here in this exchanue factors. what we see here in this exchange is _ factors. what we see here in this exchange is that _ factors. what we see here in this exchange is that there _ factors. what we see here in this exchange is that there is - factors. what we see here in this exchange is that there is a - factors. what we see here in this i exchange is that there is a decision to go to cabinet with i think what your self in the first minister discussed and that's going to be the view of nicola sturgeon presented at cabinet in terms of the change in rules? tt cabinet in terms of the change in rules? . ., , , rules? it confirms it will be her feedback to — rules? it confirms it will be her feedback to the _ rules? it confirms it will be her feedback to the cabinet - rules? it confirms it will be her feedback to the cabinet paperl rules? it confirms it will be her- feedback to the cabinet paper that will create an opportunity if the clinicians thought that was

inappropriate for them to come back on her back and that would be in formal exchanges, to say first minister, we would rather not do that and this is right. t5 it minister, we would rather not do that and this is right.— that and this is right. is it fair to describe _ that and this is right. is it fair to describe the _ that and this is right. is it fair to describe the role _ that and this is right. is it fair to describe the role of- that and this is right. is it fair to describe the role of the - that and this is right. is it fair - to describe the role of the scottish cabinet at times as being a decision making, ratifying body as opposed to a decision—making body so it ratify decisions made elsewhere, further in formal communications, gold command meetings or other one—on—one discussions between key decision—makers on the role of cap that was a times simply to ratify those decisions? t that was a times simply to ratify those decisions?— that was a times simply to ratify those decisions? i don't think so. i think everything — those decisions? i don't think so. i think everything that _ those decisions? i don't think so. i think everything that went - those decisions? i don't think so. i think everything that went to - think everything that went to cabinet was a proposal and cabinet ministers would push back some times, ask for amendments and changes, some decisions could be deferred because cabinet members wanted more information or the first minister wanted more information,

there was an extensive process of engagement between individuals before the cabinet paper would come to cabinet so there would be opportunities to acquire for people to feed on but there would be a genuine discussion sat cap would that be decisions when the ultimate decision was designated by cabinet to nicola sturgeon orjohn swinney? there will be occasions when cabinet would agree to differ decisions. what sorts of decisions were delegated during your involvement? decisions delegated tended to be sometimes in the relationship to the communications around a decision, sometimes in relation to the timing of the announcement of a decision and sometimes for an additional piece of information or analysis was to come in and cabinet members would have the chance to put their views in writing or to speak directly to

the first minister but they would not be another cabinet meeting called for example you had the cabinet meeting say on the tuesday and you're looking at something you might announce on the thursday, and an additional piece of information was requested, you necessarily recall parliament, you could defer the decision to first minister. around the local restrictions, you remember when the levelling system came in and decision making around for the glasgow would remain in level 3 or two and edinburgh will go up level 3 or two and edinburgh will go up and down, is that the sort of detail delegated to the first minister to make? you detail delegated to the first minister to make? ., ., ., ., minister to make? you would have a broader discussion _ minister to make? you would have a broader discussion around _ minister to make? you would have a broader discussion around what - minister to make? you would have a broader discussion around what the l broader discussion around what the levels would be but the final check if you like on the morning of the announcement against the figures that day would be delegated so to check there was not a need to adjust

if you like, what had been a in broader discussions. that if you like, what had been a in broader discussions.— if you like, what had been a in broader discussions. that is maybe an issue we — broader discussions. that is maybe an issue we will _ broader discussions. that is maybe an issue we will explore _ broader discussions. that is maybe an issue we will explore with - broader discussions. that is maybe an issue we will explore with laterl an issue we will explore with later witnesses but i want to... studio: we will leave the pandemic and quarry for a moment, you have been watching and listening to the former chief of staff to nicola sturgeon giving evidence and as he heard at the beginning of her evidence, she was talking about the closeness of her relationship with the former first minister nicola sturgeon and giving some insights as to her role and how decisions were taken both in scotland to do with the pandemic that also with regard to the wider picture across government and the interaction between the scottish government. we will have more from the inquiry throughout the day here on bbc news. the whole of the proceedings are also being broadcast on the bbc

iplayer. a reminder that at 2p this afternoon if the first minister of scotland will be giving evidence and we will broadcast that life. let's take a look at some of the other stories around today. valdo calocane stabbed i9 year—old university students grace o'malley—kumar and barnaby webber before attacking 65—year—old school caretaker ian coates in nottingham last year. a plea to guilty of manslaughter on the grounds of diminished responsibility was accepted by the court earlier this week. our reporter navtej johal has spoken exclusively to ian coates' family ahead of the sentencing. stubborn. still stubborn in his old age! yeah. taught me to fish, but said i was absolutely rubbish. same.

fishing, football, family. the things that ian coates loved most. he wasn't the one to constantly say i love you. but we felt that love in the family household. on the 13th ofjune last year, ian, a 65—year—old caretaker, was taken from his family in a morning of horror in nottingham that left three people dead. they can't forget the moment they learned the news. i had to hold myself onto a lamp post to keep myself up because itjust — the whole world around me just disappeared. sorry. my daughter rang me. i just screamed. i couldn't believe it. how do you feel towards valdo calocane? hatred. he's, to me, the most evil person on this planet.

he went out and brutally massacred three people, then attempted to kill another three, which, luckily, he was caught. calocane pleaded guilty to three counts of manslaughter on the grounds of diminished responsibility resulting from a serious mental illness, and three counts of attempted murder. but the coates family are angry that he isn't facing a murder trial. it's calculated, premeditated, - and therefore it should be murder. he has to spend the rest of his life behind bars. . otherwise, we have been let down once again by this country- and the judicial system. you're angry? oh, yeah, i'm super—angry. i'm trying to be as composed as possible, you know. the guy's a coward. the family also feel they've been an afterthought among the authorities and in the media coverage of the tragedy. it feels like he's the forgotten man because of his age and because of whatever circumstances, when he should be celebrated. it feels like we were left

in the dust like he was. i he was a kind man and all he was doing was going to work. that's all he was doing. navteonhal, bbc news, nottingham. that sentencing is set to take place at 11:30am and volvo broadcast live from the court as takes place. to help doctors

recognise and just been taken will give doctors and nurses images a medical condition on skin that is not white. t medical condition on skin that is not white. ., , ., , medical condition on skin that is notwhite. ., , ., , ., not white. i got my nails done because it _ not white. i got my nails done because it was _ not white. i got my nails done because it was a _ not white. i got my nails done because it was a childhood - not white. i got my nails done - because it was a childhood injury, there is a scot and some stuff here. my there is a scot and some stuff here. my knee with the bombs. and some other bits but i will say. they got the pictures out of me today. there are plenty of images of white patients. are plenty of images of white atients. �* ., ., ~ , patients. but on darker skin things do not obviously _ patients. but on darker skin things do not obviously look _ patients. but on darker skin things do not obviously look the - patients. but on darker skin things do not obviously look the same. i patients. but on darker skin things l do not obviously look the same. we teach people about the example of being _ teach people about the example of being pale so we talk about being pale but — being pale so we talk about being pale but white skin, that is obviously very noticeable but for someone — obviously very noticeable but for someone injured darker skin tones you cannot — someone injured darker skin tones you cannot look at the face for example — you cannot look at the face for example so you have to look at the time of— example so you have to look at the time of the — example so you have to look at the time of the hansel approach things

slighiiy— time of the hansel approach things slightly differently compared to someone with white skin. in these medical books _ someone with white skin. in these medical books the _ someone with white skin. in these medical books the team _ someone with white skin. in these medical books the team found - someone with white skin. in these medical books the team found 5%| someone with white skin. in these l medical books the team found 596 of medical books the team found 5% of black or brown skin, it's a project being supported by the nhs. they hope to create a free library of pictures which can be used all over the country. clinicians looking at them will know. �* , , g: ii clinicians looking at them will know. �*, ,;~,::, , know. it's the first 30 sessions under the _ know. it's the first 30 sessions under the photos _ know. it's the first 30 sessions under the photos will - know. it's the first 30 sessions under the photos will be - know. it's the first 30 sessions - under the photos will be anonymous. i have a fistula, i can half my dialysis — i have a fistula, i can half my dialysis which was for kidney failure _ dialysis which was for kidney failure it_ dialysis which was for kidney failure. it is important because obviously— failure. it is important because obviously the people who are doing the treatment come from all over the world _ the treatment come from all over the world and _ the treatment come from all over the world and they may have an experience of those diseases, those

complaints, and they are not recognised when the people with darker— recognised when the people with darker skin present themselves here. i've darker skin present themselves here. we just _ darker skin present themselves here. i've just gone through the medical book that they've shown, it does need changing. but doctors need to be given the right tools to do their job, even more robustly. and this will help. t’m job, even more robustly. and this will hel. �* . , . job, even more robustly. and this willhel. �* . , . _ will help. i'm really excited by that. all those _ will help. i'm really excited by that. all those here _ will help. i'm really excited by that. all those here who - will help. i'm really excited by that. all those here who they | will help. i'm really excited by i that. all those here who they are making an important contribution to the nhs, one which caters for every patient from every background. councils and charities are warning that the number of nursery places for children with special educational needs will fall in england, when the government expands its free childcare scheme. a survey by the charity, coram, suggests that a third of councils expect there to be fewer places next year. the government says it's phasing in more funded hours for working parents, so the sector has time to prepare. here's our education

reporter, vanessa clarke. joe is incredible. he's inquisitive, he's curious. he struggles in the world, but he has his own way of finding his way in the world. joe is one of thousands of children with special educational needs and disabilities, commonly known as send. the longest time, we just thought we were bad parents. you know, we're not able to help joe talk. you know, we can't sort of meet his needs. but, yeah, i was quite surprised when you, you know, reach out for help, it's so minimal, because that's all that is available. for his parents, the road to getjoe into the right nursery has been long and tough, particularly when his first nursery in greater manchester told the family they could no longer support joe's needs. we got to the point where we were almost totally out, totally on our knees

and being like we don't know what to do. but breakthrough came when craig visited a nursery nearly 200 miles from where they lived. i came for a visit here and saw how the children were. how they were part of — you know, everything was around them, they weren't on the outside. it was like let's all be a community together, children with different needs, different abilities, but them all celebrating together and exploring and learning together. and i sat in a room and was just blown away by it. joe had found a place, but there are warnings there will be even fewer send spaces available in england following the expansion of funded hours for working parents, which begins in april. i think quite a lot of local authorities are concerned about there being enough places. there's already not enough places

for children with special educational needs and disabilities. and i think they are concerned about what these additional spaces that need to be created in the system — the impact that will have on how many providers are able to offer places to children with special educational needs and disabilities. with nurseries already struggling with staff leaving and funding issues, there are fears of more children being turned away. what happens is, with the funding, it often comes in quite late. so settings who are already cut to the bone for funding will look at a child with send and think if that child comes to me today, i might not get the funding for two months to give them the support they need, so i have to fund it out of my own money, which already isn't enough for that two—month period. so we have to improve the way it's funded, otherwise children will continue to be turned away. joe's nursery is run by a charity which survives partly through fundraising and grants — a lifeline from many localfamilies. how important is it that the children here get the early intervention they need?

incredibly important. it allows them to develop and thrive, because if they have this early intervention, the progress that you can see from the beginning of theirjourney to the end can be incredible. the government says it's committed to ensuring that children with send are able to benefit equally from the childcare rollout and that funding is increasing. joe is now thriving. he was very internal focused and now he wants to explore. he's much more engaged with the world and it's just so wonderful to see, really. read 0h! y, steady, go! i can't state enough how vital these services are. it needs to be across the board. everybody needs to have access to this. with the demand on nursery places set to rise further, there are calls for the rising number of children with send not to be left behind. vanessa clarke, bbc news, newbury.

the us supreme court has declined to halt the execution of a death row prisoner in alabama. kenneth smith is due to become the first person in the us to be executed using nitrogen gas. its a method which the united nations has called cruel and inhuman. it will be the state s second attempt to execute smith, who was convicted in 1989 of murdering a preachers wife in a hired killing. our correspondent tom bateman reports from atmore in southern alabama. a journey to the alabama jail where the first—ever execution by nitrogen gas is due to happen. kenneth eugene smith has spent three decades on death row. he's already dodged death once — his executioner botched an attempt to kill him by lethal injection. and now he faces suffocation by the state.

opponents see this as a crucial test case and are urging alabama's governor to stop it, here, led by smith's spiritual adviser, who will be in the execution chamber with him. so i need some assurance that this is safe. so, this right here is an invitation to governor ivey to accompany me into the execution chamber. it was two weeks ago today... smith was convicted in 1989 for his part in the murder of elizabeth sennett, the wife of a preacher, who paid smith $1,000. the jury said he should get life injail, but thejudge sentenced him to death. one medical expert against capital punishment explains that inhaling pure nitrogen will starve the body of oxygen, but could cause catastrophic mishaps. it's very likely if he doesn't die, he could be significantly injured by this experience. and for that matter, so could other people in the proximity _

of kenneth smith, because the nitrogen gas, some - of it will be exhaled along with carbon dioxide, - some of it may leak out of the mask. the victim's family backs the death penalty. alabama's governor's office claims the method has been thoroughly vetted, saying it is ready to move forward, although the authorities haven't presented any plausible evidence of its safety. so far, urgent calls for a stay of execution, including from the un, have not been heeded. and smith, pictured on the left with his spiritual adviser this week, awaits death for a second time. many us states have been moving away from carrying out executions. alabama remains an outlier and today's case is supercharging america's debate over state sanctioned death. tom bateman, bbc news, atmore, alabama.

you are watching bbc news. we can return back to the evidence at the scottish covid inquiry. we were hearing from liz lloyd, the former chief. to the former first minister nicola sturgeon.— chief. to the former first minister nicola sturgeon. let's listen in. to a decree nicola sturgeon. let's listen in. to a degree overstates _ nicola sturgeon. let's listen in. to a degree overstates what - nicola sturgeon. let's listen in. to a degree overstates what was - nicola sturgeon. let's listen in. to | a degree overstates what was there to break. they had met on a number of occasions, there was always a politeness, businesslike approach to it when boris johnson first became it when borisjohnson first became prime minister and came to meet nicola sturgeon in scotland. they had a discussion, it was more like a debate between intelligent people, engaged in discussion about policy issues but when we got to covid, i think it was much harder, it was evident in his exchanges with the scottish government and the first minister and i think with the other first ministers because we would all

be on the same call that he did not want to be on those calls, he was not necessarily well briefed on was not necessarily well briefed on was not necessarily well briefed on was not necessarily listening to the points that were being made on those calls and i think engagement with him came to be seen as slightly pointless during this period. but t pointless during this period. but i think going _ pointless during this period. but i think going as _ pointless during this period. but i think going as early _ pointless during this period. but i think going as early as _ pointless during this period. but i think going as early as march 2020, in one of your notes, yet described kerber as a shambles. yes. was that the viewer you _ kerber as a shambles. t'ezs was that the viewer you had kerber as a shambles. tezs was that the viewer you had from kerber as a shambles. t9; was that the viewer you had from early on in march 2020 that the prime minister was not wanting to engage with the scottish government? yes. yes. how did that affect the working relationship, the scottish government with the uk government and the working relationship between the first minister on the prime minister. in the first minister on the prime minister. ., :, :, minister. in relation to the scottish government - minister. in relation to the scottish government in . minister. in relation to the| scottish government in the minister. in relation to the - scottish government in the uk government that was fairly constant and fairly good communication and

cooperation particularly in health, this is evident and at times, not always, but at times in the economic space. and i think officials at all levels had discussions up quite good. but the discussions between first minister and the prime minister and otherfirst first minister and the prime minister and other first minister is, it was never bilateral, there was always the first minister of wales on the first minister and the deputy first minister of northern ireland on these codes as well, they didn't get us anywhere so we started with a very clear approach that we should all try to work together and moving into lockdown was all done in a coordinated fashion. but when you got to what i think the first minister wanted to be substantive directions and what direction to go in and day thrashing out a proposals, that was not what we got. the prime minister, it felt at the

end of the video screen, at the end of the line, was reading a script and would summarise the contributions of the three first minister and deputy first minister which widely ignored the points they had made. haifa which widely ignored the points they had made. :, :. , which widely ignored the points they had made. :, ., , :, had made. how early on in the pandemic— had made. how early on in the pandemic response _ had made. how early on in the pandemic response did - had made. how early on in the pandemic response did you - had made. how early on in the i pandemic response did you come had made. how early on in the - pandemic response did you come to that realisation? it pandemic response did you come to that realisation?— that realisation? it was difficult. i mean, that realisation? it was difficult. i mean. it _ that realisation? it was difficult. i mean. itwas— that realisation? it was difficult. i mean, it was more _ that realisation? it was difficult. i mean, it was more effective i that realisation? it was difficult. i mean, it was more effective atj that realisation? it was difficult. - i mean, it was more effective at the beginning, around march although it was obvious that they were not usually keen on having us there and being in the room. it was actually quite effective with dominic rob for the period in which the prime minister was in hospital. and that's when the prime minister re—engages in the discussions that it is evident as you were talking about the lifting of restrictions, for example, changes in messaging, different approaches between scotland, wales and northern ireland and the uk, that he is not informed and the uk, that he is not informed and does not want to be there. and i

think there seems to be a very clear divergence in messaging from around the 10th of may 2020. you recall when the uk government messaging meant to stay alert, scottish messaging remained to stay at home, in terms of timeline, was that when there was clear divergence in the approach between the governments or did it occur earlier? that's the point it becomes clear there will be a difference in approach between the governments. the approach to lifting restrictions on england will be different to the approach of lifting restrictions in scotland, wales and northern ireland. and i think the sort of philosophy or ideology behind the lifting of restrictions was coming from a different place. so i think that is the point at which it becomes clear we will go in different directions and we must work out how to go in different

directions within the uk as a whole. if the first minister of scotland felt that the prime minister of the uk was a klau or utterly incompetent, but does not really create any sort of functioning relationship between the leaders of the respective governments, does it? this is later than the point you raised earlier. i cannot think of conversations in this period that were happening directly with the prime minister, they were happening with michael gove._ with michael gove. turning to page 21. we with michael gove. turning to page 21- we have — with michael gove. turning to page 21. we have now _ with michael gove. turning to page 21. we have now moved _ with michael gove. turning to page 21. we have now moved on - with michael gove. turning to page 21. we have now moved on to - with michael gove. turning to page 21. we have now moved on to the l with michael gove. turning to page i 21. we have now moved on to the 1st of november 2020. i wanted to look at messages that begin at 6:29pm. here you say and i'm quoting, my reason for setting a timeline for them to answer us on a speedy political. especially as we expect the answer to be no. it looks awful

for them and creating that kind of pressure could possibly result in a yes although a great mission don't bank on it. think i the good old—fashioned rummy so can you think about father than sick people. thank nicola sturgeon replies, i get it, it might be worth doing. i sent a rough formulation of what i might say tomorrow, so if we poster... can you help us? what do you mean by good old—fashioned rummy with the uk government? this good old-fashioned rummy with the uk rovernment? . . good old-fashioned rummy with the uk rovernment? , , ., good old-fashioned rummy with the uk government?— government? this is an expression of frustration that _ government? this is an expression of frustration that we _ government? this is an expression of frustration that we were _ government? this is an expression of frustration that we were not - government? this is an expression of frustration that we were not able - government? this is an expression of frustration that we were not able to l frustration that we were not able to manage the pandemic at this point in time in the way we wanted. i mean, a good old—fashioned rummy is a language i would really use but you know, is meat needed to have the argument in public. there were a lot of things in the pandemic we did not have the arguments in public, a lot of things the uk government did

something or didn't do something and wejust let it go. something or didn't do something and we just let it go. i something or didn't do something and wejust let it go. i particularly felt this issue of fellow when we wanted to apply restrictions on furlough was ending was materially important to the handling of the pandemic. it was a hindrance to our ability to handle the pandemic and i was angry about that position because it really blocked our ability to do what we wanted to do so i think the message reflects that frustration perhaps bubbling over. earlier on, we looked at your notebook, but it has to go command and he said you've taken issue with how i characterise it as a public spat but by the stage in the 1st of november you are looking for a public spat with the uk government, for it to say? t’m public spat with the uk government, for it to say?— for it to say? i'm clearly looking to hear the _ for it to say? i'm clearly looking to hear the issue _ for it to say? i'm clearly looking to hear the issue strongly - for it to say? i'm clearly looking to hear the issue strongly and i to hear the issue strongly and publicly. as i say, in the vague hope that it might get us an answer or aes. :, :, ~'

hope that it might get us an answer or aes. :, :, ~ :, ., , , . hope that it might get us an answer oraes. :, ., , , . , or aes. looking for a public spat? for a purpose. — or aes. looking for a public spat? for a purpose. a _ or aes. looking for a public spat? for a purpose, a public— or aes. looking for a public spat? for a purpose, a public spat - or aes. looking for a public spat? for a purpose, a public spat could often deliver results, public pressure on the uk government was there, it had been shown in the past that they would sometimes change their mind if they felt that pressure and what i want them to do is change their mind! the pressure and what i want them to do is change their mind!— is change their mind! the discussion is change their mind! the discussion is whether the _ is change their mind! the discussion is whether the furlough _ is change their mind! the discussion is whether the furlough scheme - is whether the furlough scheme should be available to scotland because at this stage england had entered into the second national lockdown in england and you are setting what is effectively a political top the uk government if it refuses to extend the furlough scheme to scotland, it looks awful for them and strengthens the argument for independence because you need to go on loan. if it extends the furlough scheme scotland... studio: you are watching the covid inquiry in scotland, laszlo said the former chief of staff to the former

first minister nicola sturgeon giving evidence today and some interesting detail coming through especially about the relationship between the scottish government and the uk government, clearly evidence of differences of opinion and approach when it comes to dealing with the pandemic. we will have lots more from the inquiry throughout the day here on bbc news stop and all of the proceedings will also be broadcast on the bbc iplayer on the reminder at 2 pm this afternoon, the scottish first minister hamza yusuf will give evidence but please stay with us here on bbc news. live from london. this is bbc news. ukraine's security service opens a criminal investigation after a plane crash in russia. moscow says over 60 ukrainian prisoners of war who were on board died. in the united states, a convicted murderer

loses last—minute appeals to stop his execution with nitrogen gas, which hasn't been used before. israel has denied accusations that it hit a united nations facility in southern gaza, killing at least nine people and wounding more than 70. and some of ghana's crown jewels, stolen by british soldiers more than a century ago, are being returned on loan. hello. the emergency services in russia say they've found the black boxes from a military transport plane that crashed on wednesday near the ukraine border. moscow says it was carrying dozens of ukrainian prisoners of war — everyone on board was killed. kyiv says it has opened a criminal probe into the crash. the united nations security council will convene today to discuss moscow's allegations that ukrainian forces shot it down. ukraine has called on the un and the red cross to inspect

russian plane crash site.