this is bbc news. i'm shaun ley. the headlines at 7pm: president trump says he's considering a new travel ban on people from 7 mainly muslim countries — after his first attempt was blocked by the courts. we'll win that battle, but we also have a lot of other options including just filing a brand new order on monday. a call to make the uk more welcoming for commonwealth citizens — post brexit — starting with a change to border controls. in the commons brexit vote — don't do it again. lord dubs, a child refugee himself in 1939, delivers a 50 thousand signature petition to downing street, urging also in the next hour: a further 240 pilot whales become stranded on a new zealand beach conservationists say it's the country's worst beaching for 100 years — in recent days, more than 300 whales have died. and wales have edged ahead of england in their six nations match at cardiff. wales are leading 13—8. good evening and

welcome to bbc news. president trump has tweeted that the "us legal system is broken", after suggesting that he may be about to sign a new executive order on immigration. he said the move was among a series of options being considered after the courts blocked his original order banning people from seven countries from entering the us. dan johnson reports it was one of his boldest first actions. but speaking on air force one,

president revealed he is now considering other options. we will win that battle. we also have a lot of other options including just filing a brand—new order on monday. i like to keep you... i would like to surprise you. we need speed for reasons of security. it could very well be that we do that. but his tweet this morning showed he is still not happy with the judges. the original executive order was signed at the end of his frantic first week. it immediately brought chaos to airport terminals and sparked protests across the country. it suspended america's refugee

programme and banned travellers from seven majority muslim nations. exactly how the white house might rewrite the order is not clear. perhaps that is something donald trump is considering this weekend as he hosts the japanese prime minister in florida. lawyers would almost certainly have to address the claim that the ban is unconstitutional in its current form because it discriminates by blocking entry to the us on the grounds of religion. as the went for a round of golf, the president reasserted that tough immigration controls are crucial to protect america. but for now people are free to travel. our correspondent in washington david willis said mr trump may try to alter the order to ensure it is legally sound. what does he do with the immense this executive order?

some are saying that crucial to any amendment would be defining there was ambiguity about that, confusion resulting from that, with the first executive order, the original one. i think that lawyers would probably be looking to clean that up. and also address this question of whether this ban goes against the constitution for the simple reason that it bars people from entry to the united dates on the grounds of their religion. but there are those as well here who are saying that drafting a new executive order is not the sort of thing that donald trump allows himself to become involved in. it plays into the hands of his critics who basically are saying that this first signature move, this executive order, signed at the end of that first frantic week in office, was flawed and that he is rethinking it. that's something he doesn't want to be seen to be doing. such actions also took place under a

previous administrations for and we'll find out how this story — and many others — are covered in tomorrow's front pages at 10:30 and 11:30pm this evening in the papers — our guests joining me tonight arejo phillips, the political commentator and nigel nelson, political editor of the sunday mirror and sunday people a group of conservative mps has written to the home secretary to suggest that the government makes the uk more welcoming for commonwealth citizens after brexit, starting with the re—organisation of border controls. they've urged amber rudd to try to find ways to reduce waiting times on entry to the uk,

to send a message about the value britain places on its relationship with the commonwealth. at present, eu and uk citizens go through one channel and commonwealth citizens and travellers from the rest of the world are processed through another. 0ur political correspondent chris mason is here. how closely is this tied to the will for leaving the european union? do these mps see an opportunity opening 7 these mps see an opportunity opening es. these mps see an opportunity opening they these mps see an opportunity opening up? yes. they point out, look how it is designed at the airport at the moment, you arrive at the uk and there are does two channels. they argue that after brexit things are going to change. exactly how they change in the context of people coming from the european union, we don't quite know. but they believe it isa don't quite know. but they believe it is a quick win for the nut —— in

the uk to say something early on in the uk to say something early on in the brexit process about what happens to people arriving from the commonwealth. they say it can happen at the same time as the brexit negotiations because those countries are outside of the european union. before they get onto any conversation about visas, it is more about how it works for people arriving from the commonwealth. despite their historic links... they said there aren't these cultural and historic ties on a country to country level. for individual families, there could be family ties as well. you arrive in the uk and if you are from a commonwealth country it doesn't matter a jot. they say in this letter that the first thing you could do was to change the side where it says the rest of the world, to say the commonwealth and the rest of the world. they say you could also have a separate channel for people from the commonwealth. 0ne idea that jake barry, people from the commonwealth. 0ne idea thatjake barry, conservative mps, is floating potentially further down the track is that you might

have a more liberal system around visas for certain homologue countries like australia. visas for certain homologue countries like australialj visas for certain homologue countries like australia. i have heard suggestions, and i don't know on what they are based, but suggestions that maybe people from south asian backgrounds in particular, some of them voted for brexit. all of the reasons was that they are fed up in the situation that's because of the need to control immigration, their relatives end up being the one to get turned away and rejected to come and live here. is there any sense these mps would like... to go a bit further so perhaps we can be a bit more responsible —— allow more immigration from those other countries? the mac in the medium to longer term, that is something they are willing to explore. a senior mp city media today that despite the fa ct city media today that despite the fact that this mp was an avid remain voter, he was quite struck in his

own constituency about where pockets of support for relief could come and it would often meet from groups who have close historic ties to commonwealth countries who were, as you say, willing to believe because they felt discriminated against under the existing regime, where because of the free flow of migrants and the eu, the government was to more to tighten restrictions than those from elsewhere around the world. they hoped that in a post—brexit world, there could be some liberalisation there. i think they're well aware that this will be a long process. at the outset they are focusing on assignment using airports but are willing to entertain the idea that further down the track that might extend to something that would involve a more liberal immigration regime, with some countries in the commonwealth, particularly those with is a p pa re ntly particularly those with is apparently in terms of the economy, they're not using phrases like free movement because i think they're well aware if there are a lot of

people for whom immigration if the numbers question rather than where people have come from. they think that something, particularly around arrivals at airports, could be a quick win in the process. the home 0ffice quick win in the process. the home office is saying they are considering isjustin office is saying they are considering is justin ‘s. office is saying they are considering isjustin ‘s. they're not saying anything else of the moment. there has been an impression that maybe all is not rosy on the other side negotiations between the 27 who will be facing against britain. what's interesting about this interview is that inevitably in the british context we focus on what what we don't focus on as often is how that is perceived on the other side of the channel in brussels. side, we luncker ,. side, we fin!

side, we ale-new it - outlines 1§§;:"§’é§ i’lzee— '% l—eiz’é‘l—zgé what 1533i"§’é§1’;:i§— '3 3332’3‘233, whatfisees' h " ,,,,, f ”f ~ ,, 1533i"§’é§1’;:i§— '3 3332’3‘233, whatésees as’ " "w 3 3" ~ 3 1533i"§’é§1’;:i§— '3 3332’3‘233, what l; sees as the"'” f ”3 ~ 3 1533i"§’3§1’3:i§— '3 3333’3‘233, biggestsees as the”'” f f” " 7, 1533i"§’3§1’3:i§— '3 3333’3‘233, biggest danger the”'” f f” " 7, 1533i"§’3§1’3:i§— '3 3333’3‘233, biggest dangerfrom ’ f f” " 7, 1533i"§’3§1’3:i§— '3 3333’3‘233, biggest dangerfrom the f f” " 7, potential biggest danger from the eu. to an extent it is a statement of the obvious. the biggest danger is that that one country tries to prise away at the 27 and split them up prise away at the 27 and split them up rather than presenting a united front. is he blaming us? to an extent. the other countries don't know it yet but the brits know very well how they can tackle this. they could he is hopeful that they do remain united. his teams they best for they have managed to maintain that. in other words, nothing to happen until article 50 is triggered in a couple of weeks. but clearly it is a fear they face. let's return to the news

that president trump may be about to signa that president trump may be about to sign a new executive order. the original order which banned people from seven donna lee muslim countries from coming to the us. welcome to bbc news. what do you make of the options that are open to president trump now? the legal case is ongoing. is it possible for him to just kind of strike out with a fresh executive order?” to just kind of strike out with a fresh executive order? i don't think so. fresh executive order? i don't think so. he has found himself into a very difficult corner. the executive order has been rejected now by two federal courts. 0h order has been rejected now by two federal courts. oh that the district level and the ninth circuit. they have both said that the ban can not continue, the travellers can continue, the travellers can continue their travel to the united states even from the seven countries identified in the executive order. issuing a new executive order, he is

going to run into the same problem. you are going to see civil rights lawyers, immigration lawyers, state attorney generals running into court filing actions to ban any efforts on the part of this president to prevent individuals from travelling without evidence. 0ne prevent individuals from travelling without evidence. one of the things thatis without evidence. one of the things that is striking about the ninth circuit court opinion is that it talks about the lack of evidence presented by the search —— by the president to support their being any threat from individuals from these seven countries. without more evidence to support his claims, that oui’ evidence to support his claims, that our borders are somehow at risk, i think any new executive order will meet the same fate. effectively the president had wide discretion, the executive has wide discretion in immigration matters, and that it wasn't something the courts could review. they seem to have taken

short shrift to that argument but is it possible that battled of argument could be pushed higher ultimately to the supreme court? clearly the trump administration has taken the position that its executive orders on immigration and nationals at as are not reviewable. the ninth circuit court of appeal rejected that. unequivocally stating that executive orders by the president to the extent they infringe on constitutional rights or reviewable and can be deemed unconstitutional. the court never got to the merits of the the constitutionality 92.3 5335.3“ greed 35,2 3flfis3133-33a‘a», — —— . 73 m .. 35.3 2354.33 333334 35.2 ”35333-33333, 3 3 3 33 333 3 3333 to the item-3531335233233 33 333237’ ” ” 7 ”r , , executive it item-3333333523333 33 3333777 77 77 7 77 , , executive it made 53333333333'3573333333 33 3333777 77 77 7 77 , , executive it made it very executive order but it made it very clear that the president and his executive orders are not above approach, review or the law. leading the trump administration is going to continue to run into problems if it continues to assert that executive orders are not reviewable. we know with the supreme court are only eightjustices

with the supreme court are only eight justices now so with the supreme court are only eightjustices now so appealing to that court may not offer any safety with respect to the order because if you get a split, the ninth circuit court of order becomes the fact of the law. there are not a lot of places the president can go if he continues to insist on a band that two federal courts now have said potentially run a file of the concert —— run afoul of the constitution. thank you. president trump says he may be right the travel ban on people from seven mainly muslim countries after his initial attempt was blocked by the courts. a group of conservative mps has urged ministers to make the uk more welcoming to commonwealth citizens post—brexit. labour warns front bench mps to defy citizens post—brexit. labour warns front bench mps to denyeremy corbyn in the comments brexit vote, don't do it again. proposals for new official secrets

legislation could see journalists and whistle—blowers jailed for publishing leaked material, including brexit documents. under the plans — which were drafted for the government by the law commission — people who disclose official information that could harm the uk's economy, would face prosecution. our business correspondent, joe lynam, is following the story for us. the law commission is an independent body. the they offer an explanation as to why they think this is such a grave matter that people should be threatened persecution? they don't. they say this document they published is merely the start, a fact—finding mission. there are for official secrets act dating back to 1911. they are completely out of date in the opinion of some legal

experts because they don't take into account the way information can now be moved instantaneously across borders. as photographs and also to sensitive data can be moved rapidly in such speed, ie the internet. they are posing a new act, the espionage act, which would break all the existing rules bus as a few. in fact widen the scope of what could be in breach of what is now the official secrets act. that is where the controversy could come in, because it is going to start with widening the scope to include economic damage to the uk. if somebody makes a document, acquires the document and publishes a document like journalists doing theirjob, and that the government had marked as an official secrets, that could fall foul of the new act and they could face two to ten years in jail. essentially very stiff prison sentences. what has been the reaction? it is a consultation documents. we clear whether the

government is behind this? the cabinet have said they had going to comment until the consultation phase is over in april. at which point they go to stakeholders who hopefully will include journalists who were not involved in the first phase. then they will then publish a final report in the summer. that then seeds in to the process of what then seeds in to the process of what the government wants to do by way of publication. but it is worrying that what they wish to do is make no distinction, potentially, and this is only a consultation, between the leader of the document and the acquirer of the leaked documents and the publisher of the leaked document. if you look at the continuing of the snowdon revelations, you had snowden who still be information from the national security agency in the united states, gave it to david banda and it was published in the guardian. this would make no distinction between the guardian and edward snowden. they had done

nothing to encourage him to do that, to steal documents, but they would be treated as if they had? if this consultation was taken to the final points. 0ften consultation was taken to the final points. often you throw out some very interesting suggestions and then you roll back to the middle and sometimes the government say we have dismissed some of the extreme suggestions. that is possibly what is going to happen here. at the moment free speech advocates are very concerned. they say we expect this kind of stuff in china or russia not in britain. fascinating stuff. thank you. clashes in the iraqi capital, baghdad, between the security forces and supporters of a powerful shia muslim cleric have left at least five people dead. the trouble began with a demonstration against corruption by tens of thousands of protesters waving iraqi flags. alan johnston reports huge numbers of demonstraters convergd on a square in the heart of baghdad. they chanted anti—government slogans. they complained of corruption and demanded changes to a commission which oversees elections.

then some protesters tried to move towards a nearby area known as the green zone, which houses government ministries. riot police were determined to drag them back, and the deadly violence erupted. video images from the scene show tear gas filling the air and the sound of explosions and gunfire can be heard. 0ne police officer has been charged with rape and suspended from duty for

campaigners have delivered a petition at downing street with fifty thousand signatures calling for theresa may to allow more child refugees to come to britain. the government this week scrapped its plan to re—home thousands of unaccompanied children from syria and other warzones. three hundred and fifty youngsters have been accepted for resettlement in the uk. the campaign has been led by lord dubs, who came to britain as a refugee from the nazis at the age of six. the argument for child refugees today is a humanitarian argument. it doesn't depend upon the person who's putting the case. however, because i came to this country in that way, i have an emotional involvement with it. can i say this, this country's been wonderful to me in terms of the welcome i received and the opportunities i've had. i would like other unaccompanied child refugees coming here to have the same warm welcome and to be given the same opportunities. another two—hundred—and—forty pilot whales have become stranded in a remote bay in new zealand — in what conservationists say is the country's biggest beaching for 100 years. the pod is thought to include some of the one hundred whales who were rescued from the same area yesterday. doing whatever they can to help

before it's too late. these volunteers have been working for many hours, trying to keep the whales cool as they lie stranded. some say singing also helps to keep them calm, but what they really need is high tide. very quickly this tide has come racing in, and now we're all up to our knees, some people are up to their waists in water, and we're starting to get a bit of floating, and we're just helping assist the whales with their breathing until the water gets deep enough they can swim. this is one of the worst whale strandings in new zealand's history. 400 whales came into farewell spit on thursday. rescuers managed to refloat100 of them, but they failed to stop another stranding of 240. scientists don't know for sure why beaching happens. the whales could simply have become lost. one theory is that if a single whale gets stuck, others follow its distress signal. but once it has happened, it can lead to devastation. for those ones that restrand there's very little chance

they will ever swim away, so we have to euthanise those ones there. we do hope they coral their resources and head back out to sea. it's very difficult to manage that part of it, but dealing with the ones that are let is quite an issue. efforts are stood down overnight for safety reasons, but the logistics of trying to save these whales and then dealing with the aftermath if they can't will start again tomorrow. kathryn stanczyszyn, bbc news. hundreds of cyclists have staged a protest in central london to raise concerns about road safety. bicycles were wheeled down whitehall to the treasury by campaigners calling for increased government spending to protect cyclists and pedestrians. frankie mccamley has this report. in front of the treasury holding one minute's silence. despite the freezing weather these cyclists and pedestrians are here to pay tribute to those killed on the roads. and to call for change.

london's filthy air is killing 25 londoners a day and that needs to change. the second thing we are asking for is 10% of the transport budget by 2020 to be spent on cycling and walking infrastructure to make our streets fit for people. this week has been the deadliest week so far in the capital, with three cyclists and two pedestrians being killed. a stark reminder of how dangerous travelling in london can be. some pinning the pictures of victims to their clothes, others wearing gas masks as a symbol of their anger towards air pollution in the capital. victoria lost a leg after she was hit by a lorry. i was in hospitalfor six months, and then i was off work for a long time. these are life changing injuries. i'm missing a leg. it has been massively affecting. it's really important that we do this march because the people in charge need to hear that we need to make some changes. the mayor of london says

he is determined to make cycling saferfor londoners, addressing the most dangerous junctions, increasing the number of cycle lanes and removing dangerous lorries from the streets. as forfunding, the department for transport insisted it's spending millions improving cycle safety. protesters here may not agree with those current plans but the hope all parties share is that fewer lives are destroyed by road accidents in the future. a 150—year—old family wedding dress that went missing after a dry cleaners went bust has been found. tess newall launched a campaign on social media to find the garment after the shop where it had been taken to be cleaned, closed down. the dress, which has belonged to her family since 1870, was given to the 29—year—old by her grandmother to wear on her wedding day lastjune. an auction on tuesday will sell gadgets belonging

to british secret agents who worked behind enemy lines during the second world war. the ‘special operations executive' were based on baker street and had their ‘laboratory‘ in the cellars of the natural history museum. robin gibson has been looking at the gadgets on offer. they looked like props for a vintagejames bond movie. 0ddball gear designed by white coated boffins that spend their days thinking up bizarre weapons and secret gadgets to break their agents on the ground out of one tight spot or another. to the naked eye, this looks like an ordinary fountain pen. when it unscrews, it reveals quite a sinister dagger. this would have been used by an agent if need be to either fight his way out of a corner or to eliminate an enemy sentry. this watch concealed a microphone

to record conversations, a garrot made ofjagged wire conveys its horrific use. they all date back to the second world war and were issued to agents and commandos dropped behind enemy lines. the items range from the gruesome to the incredibly ingenious. what about these, for example? here is a uniform badge which unscrews to reveal a compass useful for escaping raf pilot. what about this? a key. the end unscrews to leave a compartment useful for a coded message perhaps. or some sort of suicide pill. what sort of person buys it? people who buy this stuff are historians. they are keeping it for historical, to keep the story of these people alive. edward toms, who is now 96 and lives in hythe, was attached to both the sas and the special operations executive during world war ii. we all had buttons that

could be used as compasses. the soe laboratory was in the natural history museum museum cellar and it was where all these gadgets were being invented and tested. murderous weapons may not be everybody‘s cup of tea, not least as the auction takes place on valentine's day, but the collection is expected to go for thousands of pounds. wighton mr corbyn ordered his mps to back the government bill to begin negotiations to exit the eu. but 52 labour mps rebelled in wednesday's vote, including 14junior frontbenchers. clive lewis, who quit as shadow business secretary over the vote, says rumours of a leadership bid by him were "fantasy". let's discuss this further and look

at the future of the labour party. with me isjohn mcternan, who was tony blair's director of political operations. i suppose it was never going to be entirely convincing to have someone who had been a serial rebel as a backbencher being a disciplinarian as party leader. do you accept the argument that this is an exceptional situation, that brexit because it divides the labour party as other parties is one of those things where you really can't hammer people into the ground if they want back the party line? why have a three line whip if you are going to turn it into a conscious thought? it's either one of the other. it isn't clear what he is saying and what he is doing. he said three line whip. he warned that people who break it should be sacked. if you are now

saying, actually, you get a stiff letter and a written warning, is that a two line whip? is it a conscience issue? is that if your constituency is pro—european? what are the rules? if you were leading, you have to read. that is the problem with this. how important are the two by—elections coming up for mr corbyn and the labour party? the by—elections are very important. traditionally a by—election has been a way of sending a message to the government. 0r a way of sending a message to the government. or to the opposition. copeland is a very rich can is —— constituency.