this is bbc news. the headlines at ten: britain insists gibraltar cannot be used as a bargaining chip after the territory accuses spain of using brexit to advance its claims to the rock. a hate crime investigation as a teenage asylum seeker is left in a critical condition after he was attacked by a gang of youths in south london. we believe it is a hate crime. prior to the attack taking place, the young person was asked where they we re young person was asked where they were from and when they said they we re were from and when they said they were an asylum seeker, but is when the frenzied attack took place. nearly half of people who used the government's help—to—buy scheme to purchase a house — did not need it, according to new research. also in the next hour: at least 100 people are reported to have been killed by a massive mudslide in southern colombia. the mud engulfed homes and roads — hundreds of families are missing. johanna konta wins the biggest tennis title by a british woman

in a0 years, beating caroline wozniacki in the miami open, making her number 7 in the world. good evening and welcome to bbc news. the government has said that britain will defend the interests of gibraltar in the brexit negotiations, following warnings that spain is attempting to use the process to pursue its claim to the rock. the eu has suggested that a brexit deal won't cover gibraltar without a separate agreement between london and madrid. labour say it's vital the people of gibraltar aren't used as a bargaining chip in negotiations. gibraltar‘s chief minister said

brexit was complicated enough without spain trying to complicate it further. it's clear that what spain has done is as she has traditionally done since she became a member of the european union, which is to try to use the eu, now in the context of the brexit negotiations, to try and somehow steal a march in respect of her claim in relation to the sovereignty of gibraltar. these are draft guidelines but already, we are seeing spain making the moves that people were expecting she might have made at five minutes to midnight with an agreement ready. she's doing it now and frankly, i think it is singling out gibraltar unfairly. gibraltar was not the culprit of brexit and shouldn't be the victim of brexit. earlier, i spoke to our political correspondent iain watson. he began by explaining where gibraltar stands in the upcoming brexit negotiations. it's complicated. i think it will be covered by the deal that brings britain out of the european union, the final divorce settlement, if you like. but what the eu made clear yesterday, the european council, the representatives of the 27 remaining member states made it clear that any final deal on trade would be after britain left. and then inserting the fact that

that deal as it applies to gibraltar has complicated matters. some are saying the government has taken its eye off the ball and it should have been aware that this is something spain may have attempted to do, and it should have made specific mention of gibraltar‘s status in the letter that triggered article 50 that triggered the process of leaving the european union. what difference will the will of the people of gibraltar make in brussels? it's interesting that so many of them voted to stay inside the european union, about 96% of those who voted. i understand that there will be an attempt in the european parliament on wednesday to raise the rights of the gibraltarians. they are going to try to insert a mention of gibraltar into a document that will be discussed in the european parliament on wednesday. it mentions that scotland,

northern ireland and london all voted to stay inside the european union. british meps are going to try to get gibraltar mentioned in the same context. so if there are thoughts of special deals further down the line helping those who want to remain eu citizens, then the people of gibraltar would be included in that. but there is no guarantee that that will succeed. in the end, their fate may be tied up with the rest of the uk and how successful the government are in arguing for their continuing rights. what encouragement or offers of protection has the government here been offering gibraltar? the government has said the reason gibraltar was not included in that article 50 was because they never thought the sovereignty of gibraltar was going to be an issue in negotiations. it is not something they intend to negotiate. they mentioned other areas that they thought would be contentious like the border with ireland. but the fact that gibraltar

was missing, if you like, was a statement of their intent in favour of gibraltar getting the same deal as the rest of the uk because they were saying that the sovereignty of gibraltar is not something they are going to discuss. to coin a phrase, their support for gibraltar is rock—solid. a teenage boy has been critically injured in a gang attack in south london. it's understood the boy was set upon at a bus stop in croydon after the group discovered he was an asylum seeker. police are treating it as a hate crime. chief superintendentjeff boothe is the borough commander for croydon. he's described the attack. i would say it was a frenzied attack. a large number of young people, with a person on the floor, a large number of people, with a young person on the floor, kicking this person repeatedly. by all accounts, members of the public asked them to stop. they continued. it was only at the sound of police sirens that this horrific attack stopped.

for me, that is completely unacceptable. there was no place for this type of crime to take place. we believe it's a hate crime. prior to the attack, the young person was asked where they were from and when they said they were an asylum seeker, that is when that frenzied attack took place. the columbian president has said that over 100 people are now dead following a mudslide in the south of the country. red cross officials said more than 100 people have also been injured as swollen rivers and heavy rains sent mud onto homes and roads in the city of mocoa late last night. police and rescue teams are at the scene, but their efforts are being hampered by adverse weather conditions. two million people are set for a pay rise today, as the national living wage goes up to £7.50 an hour. the change has been broadly welcomed by unions. but employers have expressed concern about the strain of additional costs, as sangita myska reports. 23—year—old lewis davidson is already paid more

than the national living wage by his employer. he certainly notices the difference from his previous company. i was struggling for money, it was a big concern for me. it was very much go to work, come back, spend the night in front of the telly. now i can afford to have a social life, i can afford to do stuff in my local area and enjoy myself a bit more. from today, all workers over 25 must be paid at least £7.50 an hour. if you now work a full week, you will get at least £281. but employers are worried. many of our members were already paying their staff more than the national living wage, but for those that were not, it is adding significant costs to their businesses. around £900 a year for staff, and a further £120 a year with the knock—on consequences for national insurance payments as well. much of that cost will be absorbed by the businesses themselves rather than passing it

on in the form of higher prices. and that's not the only change. controversial new business rates come into force today. while most companies will pay less, some, especially in the south—east, face higher bills. and a new system for calculating car taxes starts. hybrid car owners will pay more than they did. and we'll find out how this story and many others are covered in tomorrow's front pages at 10:30 and 11:30 this evening in the papers. 0ur guestsjoining me tonight are anne ashworth, associate editor at the times and bonnie greer, playwright and writer for the new european. ina in a moment, viewers on bbc one will join us for a round—up of the news with kate silverton. the help—to—buy scheme was meant to support lower wage earners in england buy theirfirst home. but it's emerged thousands of families on high incomes have also benefited.

i spoke to a property expert who began by speaking about what the scheme was initially set up to achieve. the scheme was introduced in april 2013 and at that time, the mortgage market was still very difficult. house—building was still at a low level. the scheme was designed to do two things: to encourage more house—building and to help people who could only get a small deposit, particularly first—time buyers. 81% of people who have used the scheme are first—time buyers. with a lot of the developments, 40% of sales have been with this scheme. bearing in mind that there was very little access to 95% mortgages at that time, it has made a big difference firstly to the number of houses built and secondly to the people who can afford to buy them. so it has achieved its objective to a large extent. then what issue if any do you have with households with an income of £100,000 or more being able

to use the scheme? surely it was not designed for them. i suspect those people with an income of over £100,000 are probably onlyjust over that limit. the scheme had a maximum purchase price of £600,000. and that was clearly to accommodate the larger prices in london. if you're buying a property at £600,000, you will need an income close to £100,000 to get a mortgage. so the government will have been aware that there were a few people in that category. but bearing in mind that it was targeted at first—time buyers, who make up 81% of the people who used the scheme, it is fair to say that it has largely been used by the people it was targeted at. it is also worth bearing in mind that a lot of people who bought houses in the mid—2000s and who will have in some cases seen their properties fall in value, if they were first—time buyers then and needed to move on,

they will also have had difficulty finding a deposit. so it is unfair criticism to say it should have been limited to first—time buyers. how likely is it that in the light of this research, some kind of income cap might be applied? i don't think that is feasible unless the government decides to reduce the top purchase price from £600,000. what the government perhaps should do, given that developers are more profitable than they were in 2000, the profit margin most of the big developers are making on sales is about 20%. so it would be reasonable for the government to get into negotiation with the developers to see if they could make some sort of contribution. but in terms of whether the government is subsidising these mortgages, a term i have heard used including on the bbc today, i think the government will make money out of this scheme at the end of the day because the government is lending money on an equity share basis, and as long as property prices go up, when people

sell their property, the government will get back more than they have lent. so the government will make a profit. we are always hearing that we don't build enough houses in this country. to what extent has this scheme meant that more houses have been built? 0n the basis that about 40% of sales from the new developments are using this scheme, some of which would have happened anyway but i suspect half of them wouldn't, so it's fair to say that it's been successful in stimulating sales of new property. one thing that has changed in the last four years is that 95% loan to value mortgages have become more available. so the need for the scheme will not be there after 2021, when it is currently designed to end. but it has been an important contribution to getting the housing market going and allowing people to buy a property when otherwise, because of a lack of mortgage availability, they could not have done so.

britain says that gibraltar cannot be used as a bargaining chip in brexit negotiations with the european union. spain, which lays claim to gibraltar, insists it will have a direct say on the territory once britain leaves the european union. 0n gibraltar, no agreement between the european union and the uk will apply without the consent of spain. a devastating mudslide in colombia has killed more than 150 people. how thousands of high earners have benefited from a housing scheme meant to give the less well off a leg up on the housing ladder. and johanna konta wins the biggest tennis title by a british woman in a0 years as she conquers at the miami 0pen. good evening and

welcome to bbc news. the government has said that britain will defend the interests of gibraltar in the brexit negotiations, following warnings that spain is attempting to use the process to pursue its claim to the rock. the eu has suggested that a brexit deal won't cover gibraltar without a separate agreement between london and madrid. labour say it's vital the people of gibraltar aren't used as a bargaining chip in negotiations. richard lister reports. this rock is casting a shadow over britain's brexit talks and the people of gibraltar also wondering what the future holds. they voted almost unanimously to remain in the eu, giving spain hopes of taking the territory back. just this week, theresa may said that wouldn't

happen. we are steadfast in our support of gibraltar and its people and its economy. 0ur position has not changed. but the european council position has changed. in its draft negotiating guidelines, it says after the uk leaves the union, no agreement between the eu and the uk may apply to the territory of gibraltar without the agreement between the kingdom of spain and the uk. translation: on gibraltar, no agreement between the european union and the uk will apply without the consent of spain. we won't accept any agreement that undermines spain's position on gibraltar‘s sovereignty or that harms spain's economic interests. and madrid has other grievances too, like gibraltar‘s low tax economy enabling the smuggling of cheap cigarettes into spain. brexit mayjust have given the spanish a bit more negotiating leverage, to the annoyance of politicians on the

rock. these are draft guidelines, but already, we see spain making the moves that people were expecting she might have made up five minutes to midnight with an agreement ready. she's doing it now and frankly, i think it is sinking out gibraltar unfairly. theresa may's letter triggering article 50 and the brexit process did mention northern ireland's border with the irish republic, but not that of gibraltar with spain. critics have said that was a mistake which emboldened the spanish. and a spanish veto could mean choppy waters ahead. spain hasn't been shy of confronting britain in the past here over fishing rights off the gibraltar coast. so will britain be more likely to compromise on gibraltar in the interests of a bigger eu deal? it's absolutely wrong that any future free—trade agreement or any future free—trade agreement or any future security bilateral arrangements 01’ future security bilateral arrangements or anything else should depend on britain giving some concession to madrid over gibraltar. let me tell you, that will not

happen. spain is putting gibraltar firmly in the middle of britain's road to brexit, raising the question of what other eu member states may demand from the uk as the price of a deal. in a moment, we'll speak to our political correspondent iain watson in downing street but first our europe correspondent damian grammaticas is in brussels. damian, why is the eu side insisting on this role for spain in discussing gibraltar‘s future? the eu side don't view this as a hostile act, they view this as the logic of brexit. this is what brexit means, they say. spain has always disputed the sovereignty of gibraltar. a senior eu official told us gibraltar. a senior eu official told us that while the uk has been inside the union, it has been able to prevent that from being reflected in official union policy. 0n prevent that from being reflected in official union policy. on any matters that will arise after the uk has left, the official said the eu would speak for the 27 members, and they said that spain had lobbied

ha rd to have they said that spain had lobbied hard to have this in and it will apply to a future trade deal being applied to gibraltar, not to the exit deals. so spain is getting some leverage. richard asked the question in his report of how determined downing street will be to resist this? downing street are saying their commitment to gibraltar remains, yes, rock solid. and boris johnson, the foreign secretary, has said gibraltar is not for sale. the question is what britain can do about it in these negotiations. firstly, ministers will raise the issue on wednesday, but their influence in this is pretty limited. further down the line, britain can talk tough during those trade negotiations with spain, but you get the impression that britain is very much on one side of the negotiating table and while this might not be a hostile act, the other 27 member states are very much on the other. this is a case of the diplomatic plates and started to spin and

unless the government remains focused, some fragile things could be put in danger. thank you both very much. it was meant to help those who couldn't afford to get on the housing ladder buy theirfirst home. but it's emerged that nearly 4,000 families earning more than £100,000 a year have benefited from the help to buy housing scheme in england. joe lynam has the details. but for the government's help to buy scheme, lina hannon and her husband would have needed an additional five to ten years before they could afford their own place in harrow. she does worry, though, that some high earners are also allowed to use the scheme. it does bother me a bit that some people that don't really need the scheme use the scheme. but to be fair, i think that the fact people like me, and i know that a lot of people benefited from this scheme, it makes me feel happy. introduced four years ago to encourage house—building and help mostly first—time buyers get on the ladder, 250,000 people have been bought using

the help to buy schemes. but research suggests that existing homeowners from wealthy households have benefited as well. using official data, research found that around 4,000 households in england earning more than £100,000 used the help to buy equity loan scheme, and 20,000 households used it even though they weren't even first—time buyers. this scheme, in place, playing a valuable part in helping people get into the housing market for the first time, should only be there for first—time buyers, and really shouldn't be there for people who are earning over £100,000 per year. itjust doesn't make sense. the help to buy equity loan scheme offers buyers up to a fifth of the cost of a new—build home so they only need to provide a 5% deposit. the government says almost 400,000 people have been helped and £8.6 billion has been promised for it in england until 2021.

the fact that the help to buy scheme has helped existing and sometimes wealthy households will worry some economists. they have long seen concerns about consumer indebtedness, rising house prices and savings at an all—time record low. if the cost of living continues to rise as it has in recent weeks and months, that will make the problem even worse. joe lynam, bbc news. a young asylum—seeker is in a critical condition in hospital after he was beaten by a gang in what detectives are treating as a hate crime. police say the 17—year—old, who's an iranian kurd, was attacked at a bus stop in croydon, in south london, late last night. the prison 0fficers' association has criticised government measures to tackle a recruitment crisis injails. bbc news has learned that only 5% of prison staff in england and wales will be entitled to new pay allowances of up to £5,000. nottinghamshire police are appealing for help finding a woman who's suspected of abducting her two young sons. it comes after a family court warned

that samantha baldwin, who's 42, posed a "risk of harm" to them. a mudslide in southern colombia has left more than 150 people dead. police and rescue teams are at the scene, but their efforts are being hampered by poor weather conditions. the local governor has called it an unprecedented tragedy. sangita myska reports. urged on by soldiers, people living in the city of mocoa run for their lives. there is no time to collect possessions, because this is what is coming. deadly blood slides have engulfed parts of southern colombia, submerging homes and people —— deadly mudslides. 0ver150 dead, and hundreds more are injured. as rescu e rs hundreds more are injured. as rescuers continue the search for survivors, the president today declared a state of emergency across

the region. unusually heavy rains flooded the mocoa river, bursting its banks and those of three tributaries. it created what eyewitnesses called an avalanche of mud that has pulled buildings apart, devastating towns and leaving residents amazed and appalled in equal measure. as families continue to flee, the emergency services pick their way through the debris in treacherous conditions. the red cross have tonight warned that the death toll is likely to rise. with all the sport, here's 0lly foster at the bbc sport centre. great britain'sjohanna konta is celebrating the biggest victory of her career. she won the miami open this evening, beating the former world number one caroline wozniacki in straight sets. it's the most significant win by a british women since virginia wade at wimbledon 40 years ago. patrick gearey reports.

miami isa miami is a place for the relaxed and cool miami is a place for the relaxed and cool, not so easy when you are in baking heat and playing one of the bigger matches of your life so far. johanna konta, british number one, with brake one in game one. in the florida sun, it takes energy to sit and watch, let alone contend with the athleticism of caroline wozniacki. the first was a set of frequent breaks in the serve, but not intensity. and like all the sport's best, konta peaked at the most important points. this one earned her the first set 6—4. was an iraqi isa earned her the first set 6—4. was an iraqi is a former world number one, and yet, the start of this as favourite, a mark of her startling progress. the rankings are no accident. the danish woman was repaired, but never relented. as bodyis repaired, but never relented. as body is tired, konta offered more energy—saving thunder. no british woman had won this tournament before. she got there in straight sets. now up to seventh in the world, jo konta says she has

benefited from playing in andy murray's shadow. you won't find much shadow in miami. there were eight matches in the premier league today. there are some great goals coming up on match of the day after the news but if you want to know the results, then here they come. chelsea's lead at the top is down to seven points. that's after they lost 2—1 at home to crystal palace and second—placed tottenham beat burnley. all the goals at stamford bridge came in the first 15 minutes, christian benteke with the palace winner. jurgen klopp's liverpool are up to third after victory in the merseyside derby. they beat everton 3—1 at anfield. there were also wins for hull, leicester and watford. manchester united drew at home to west brom, southampton against bournemouth was also goalless. celtic will win the scottish premiership title tomorrow, that's if they beat hearts. today's matches saw some movement at the other end of the table. hamilton are on the up after beating nine—man stjohnstone with two of their players sent off for fighting each other. inverness are now bottom after a 1—1 draw with kilmarnock. partick thistle beat ross county 2—1 and rangers drew with motherwell. wasps have been knocked out of rugby union's european champion's cup.

the two—time winners were outclasssed by the three—time champions leinster in dublin, the home side scoring four tries in their quarterfinal. 32—17 the final score at the aviva stadium. and on a good day for the irish sides, munster also knocked out toulouse. 41—16 was the final score at thomond park as the province reached their 12th semi—final in the competition. and great britain's charley hull is three off the lead at the first women's golf major of the year in california. that's all your sport. before we leave you, an act of kindness after an elderly gentleman was targeted for parking his brightly coloured car outside his home in the picturesque cotswold village of bibury. some said peter maddox, who's 84, was spoiling the view. after the story was broadcast, a hundred—strong convoy of fellow yellow car owners from around britain converged on the village in a very bright show of solidarity.

you can see more on all of today's stories on the bbc news channel. that's all from me. good night. today has brought some fabulous picture because of the loud grouping and the thunder. tomorrow, it looks much drier. there will be warm, sunny spells for many of us but not before we have had a chilly night. showers continue to use down and intensity. still quite sharp in

eastern areas. they will ease away for most and