tv Victoria Derbyshire BBC News February 19, 2020 10:00am-11:01am GMT
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hello, it's wednesday, it's ten o'clock, i'm joanna gosling, and we're live from new broadcasting house. in today's exclusive story. all the cases currently being heard by a family courts judge — who dismissed a woman's claim that she had been raped, because she had done "nothing physically" to stop the alleged attacker — should be reviewed. that's according to an open letter supported by the victim's commissioner and domestic abuse commissioner. we'll hear from one woman whose case was also heard byjudge robin tolson. every time contact comes round by child begs not to go, but if they don't, i get blamed and can face a fine or everyone a prison sentence. all i want is for this to be properly investigated. a new points—based immigration system is being announced by the government, with visas no longer being given to
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low—skilled workers. this basically redefines our immigration policy, so the brightest and the best, people with skills need to come to the uk, and we will no longer have the routes for cheap, low skilled labour that obviously has dominated immigration and our labour mark forfar too long in this country. caroline flack's family have shared a new instagram post she wrote before she died, describing how her arrest for allegedly assaulting her boyfriend meant her whole "future was swept from under her" and insisting she was not a domestic abuser. and we'll have all the news from the brit awards last night — where dave, who won album of the year, made this statement about boris johnson. # it is racist, whether or not it feels racist. # the truth is our prime minister's a real racist. # they say you should be grateful we're the least racist. # i say the least racist is still racist.
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hi, welcome to the programme. we're live until 11 this morning. if you've been through the family courts, do get in touch. but please bear in mind the restrictions around family court cases. proceedings. use the hashtag victoria live. email victoria@bbc.co.uk or text 61124 — it'll cost the standard network rate. first annita mcveigh has the news. the government has revealed more details of its plan for a new immigration system to replace freedom of movement, now the uk has left the eu. eu migrants will be treated the same as those from the rest of the world. under the new system overseas workers who wanted to come to the uk would have to earn points to be allowed into the uk. points would be awarded for certain criteria such as ability to speak english and having an offer of a skilled job.
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other points can be earned through qualifications, salary and work in a sector where there's a labour shortage. the confederation of british industry warned care, construction, hospitality, food and drink companies could be most affected by the changes. flooded communities in england and wales are expecting more heavy rain, adding to fears flood defences might not withstand rising river levels. about 1,400 homes and businesses have been affected by the floods in the wake of downpours brought by storm dennis. the rivers wye and severn reached their highest ever levels, with people evacuated from nearby at—risk areas. there are still six severe flood warnings in place and the met office has issued three yellow weather warnings for rain for wales and yorkshire, which begin on wednesday. hundreds of passengers have been disembarking from the cruise liner that's been quarantined in the japanese port of yokohama for more than two weeks to stop the spread of the new coronavirus. those who have tested negative for the disease are now allowed to leave the diamond princess.
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of about 3,700 passengers on board, more than 540 people were infected. the foreign office says it is planning an evacuation flight from tokyo as soon as possible for 7h british people on board. 130 lawyers and women's rights groups have called for all continuing cases being overseen by a family courts judge to be reviewed. judge tolson dismissed a woman's claim she'd been raped, as she'd done "nothing physically" to stop the alleged perpetrator. thejoint letter says he is among a number of family court judges to hold "outdated views" and is calling for urgent training. we'll hear from a woman whose case is being heard byjudge tolson, later in the programme. the family of caroline flack have released an unpublished instagram post written by her in the days
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before she took her own life. the presenter said her whole world and future had been swept from under her feet within 2a hours after she was accused of assaulting her boyfriend. it comes as the inquest into her death is due to get under way in east london. caroline flack was also remembered at last night's brit awards. the ceremony was also dominated by political performances. the truth is our prime minister is a real racist. the truth is our prime minister is a real racist. london rapper dave won album of the year at the brits moments after calling the prime minister a "racist". the show also saw billie eilish give the live debut of herjames bond theme, no time to die, backed by a 22—piece orchestra, smiths legend johnny marr and composer hans zimmer. lewis capaldi was the main winner, taking home two prizes — best new artist and best single, for his break—out hit someone you loved. that's all the news for now — back tojoanna. more than 130 lawyers and women's rights groups have called for a family courtjudge‘s cases to be reviewed, after he ruled
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a woman had not been raped as she'd done "nothing physically" to stop the alleged perpetrator, this programme can exclusively reveal. an open letter, which is supported by the victim's commissioner and domestic abuse commissioner, sastudge robin tolson is among a number of family court judges to hold "outdated views" on domestic abuse and sexual assault. they've called for all family court judges to be trained on the "meaning of consent" within the next year. 0ur reporter emma ailes has been investigating the family courts for more than a year. tell us about the case. this was being heard in the family courts and the least racist, is still racist. the truth is our prime minister is a real racist. tell us about the case. this was being heard in the family courts and what was being decide —— decided what was being decide —— decided what contact two parents should have with their child after they greated. the woman in this case alleged her ex—partner had been controlling and raped her, and judge tolson is it song this case, in his ruling he told the family court because the
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woman and this is his quote was not in any sense pinned down she could easily have made life harderfor in any sense pinned down she could easily have made life harder for the man and it did not constitute rape. the woman appealed and the appeal judge decided that the original decision was flawed and wrong and ordered a fresh hearing of this case. what is interesting about this case. what is interesting about this case is the appealjudge wrote a publicjudgment, case is the appealjudge wrote a public judgment, so that case is the appealjudge wrote a publicjudgment, so that was published, it was open and we can see it. that is very unusual. a lot of family court cases happen without public information, and because of that it has received a significant amount of attention and we can report 130 lawyers and women's rights organisations have signed this letter, saying that in their belief, this is not an isolated incident. they say there are wider issues in the familyjustice system with this kind of thing, for example, a lack of understanding among judges about domestic abuse, about sexual assault and the meaning of consent. and they say there are other parents
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who have subsequently come forward who have subsequently come forward who have subsequently come forward who have experienced similar issues, we heard from one woman who we are calling trish, that is not her real name whose case was heard byjudge tolson, and we can hear her now, her words are spoken by an actor. my ex was physically abusive, and emotionally. i finally left when he started to abuse my kids as well. he applied to the courts for contact and was granted access. my eldest is now old enough to decide not to go for contact, but my youngest still has to go and says he's been physically abusive. every time contact comes around, my child begs not to go, but if they don't i get blamed and could face a fine 01’ even a prison sentence. all i want is for this to be properly investigated. this has been going on for years. i've been in court at least 20 times and i'm now in tens of thousands of pounds in debt. my ex is wealthy and can afford lawyers, but i can't any more. i have to represent myself — it's stressful and intimidating. he's continuing to control me through this system and that's enabled by the courts. the children's voices are being heard and to not even have the court protecting vulnerable
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families is really scary. i'm deeply concerned for the future of my kids and their safety. what does the letter, 130 have signed say? so one of the points that this letter makes, is that this is really significant because if judges are failing to properly understand domestic abuse and they are ordering children to have contact with a parent who is a perpetrator, that could be putting them at risk of serious harm. and they worry that failure could be calling into question the integrity of the family court, and the rule of law, so what they have called for is for all judges, law, so what they have called for is for alljudges, all family court judges to receive training on this issue, within the next year, they say it is urgent. we can't wait, they are concerned thatjudge tolson is still sitting on cases, involving domestic abuse so they want his
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ongoing cases to be reviewed. this letter is to the family courts and the ministry ofjustice so we went for a responsibility. thejudiciary said enhanced training on this issue had been planned, and will begin in may of this year, the ministry of justice declined to comment but there is an ongoing review that is being led by the government, looking at the family courts, and the letter calls for this specific issue about training forjudges to be included in that review. thank you emma. lots to talk about then. lots to talk about then. dr charlotte proudman is a family law barrister, and one of the lawyers who authored this open letter. and sir mark hedley is a former judge, who still sits from time to time. he joins us from liverpool. howen usual is it, charlotte for europe looking at the family courts, and the letter calls for this specific issue about training for judges to be included in that review. thank you emma. lots to talk about then. howen usual is it, charlotte for
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europe lawyers and o oar —— laws and others to come together and say it needs to be looked at. this is a ground—breaking moment. we are decision as we have heard, which was com pletely decision as we have heard, which was completely unjust for this woman in this particular case, but, there are so this particular case, but, there are so many others, many cases that this samejudge is so many others, many cases that this same judge is hearing so many others, many cases that this samejudge is hearing and many other cases across the country where we see there are perpetrators of violence or alleged, often fathers who have been allowed contact with their children without necessary safeguards being put in place which is leaving women and children at risk of ham. if i can give you an example of a case some time ago, in which a woman, she said she had suffered serious violence in the family home, of which her child had witnessed, she left the family home, fled, sought some place of safety, the father went to the court, used the father went to the court, used the courts as an avenue, so he could find where she is but have contact with his child. now, despite the mother objecting to contact taking place, despite the fact there were no safeguards, or assessment of risk, thejudge ordered contact to ta ke risk, thejudge ordered contact to take place, what happened when contact took place? the father
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abducted the child to another country. now, this to me is astonishing, but what is more concerning is the fact many family courts are not transparent, and i think there does ought to be a move towards more scrutiny of family courts, so that we can make sure that these decisions are accountable and what this letter is specifically calling for, is for a review of the ongoing case, that have been heard by this particularjudge, domestic abuse champions and more training forjudges. this particularjudge is publicly in the frame, because of the fact that this particular case went to the court of appeal so there is scrutiny that wouldn't have happened if it had remained within the family courts. it might lead people who are currently going through the family courts, who have been through the family court, who are facing the prospects of i, to think what faith can i have in this system, when you are coming out and saying there are otherjudges that you are concerned about as well?|j
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can't you are concerned about as well?” can't empathise enough with many women that are going through this process , women that are going through this process, i come out of court myself and sometimes i will think i am concerned about this child, i am concerned about this child, i am concerned about this child, i am concerned about their welfare and you know it is very difficult for there to be any redress, in terms of annal appeal. appeal. not only is there only 21 days but it is costly and time consuming, there are appeals that are waiting months in terms of my own cases just to get heard. how do you make sure that justice is done, and that is a real question mark, that is why we have over 130 women, women's rights organisations and lawyers that have come forward and said action needs to be taken now. sir mark hedley, what is your view on this, because obviously the judges what is your view on this, because obviously thejudges are what is your view on this, because obviously the judges are involved in very difficult cases, where perhaps one parent is making allegations against another, which are not subject to the scrutiny that would happen ina subject to the scrutiny that would happen in a criminal context. how do you see the difficulty round these judgments? i think, that is part of
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the problem, that allegations are allegations, and that there is a difference between an allegation and a proved fact. and to govern what you do on the basis, on the assumption an allegation is true, is clearly a dangerous thing to do, that said, there is a risk involved which always had to be taken into account. these are extraordinarily difficult cases, we are fallible system, simply because it's a human system, simply because it's a human system, and there will always be a range of views about individual cases. when... sorry. sorry. i mean, obviously as i say, thejudge cases. when... sorry. sorry. i mean, obviously as i say, the judge who cases. when... sorry. sorry. i mean, obviously as i say, thejudge who is particularly under the spotlight, because of how that case unfolded going to the appeal court is judge robin toll son, i know you don't wa nt to robin toll son, i know you don't want to focus on one judge, but
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tolson, the reason is it has had a reaction because of the comment it couldn't have been rape, because the woman didn't fight off her alleged perpetrator, in your experience of being a judge and dealing with other judges, how much understanding and sensitivity is round these issues of coercion and control. 20 years ago i was responsible forjudicial training and family law and we introduced a strong domestic violence component into the training that the stage, we used outside experts, who are calculated to make delegates bristle a bit so people did think carefully about domestic violence, as i understand it, that has always remained the case, there has always remained the case, there has always remained the case, there has always been domestic violence co—pose has always been domestic violence co— pose innocents, has always been domestic violence co—pose innocents, not of every training course but training courses ona training course but training courses on a relatively regular basis. to interrupt, when you say domestic violence 20 years ago s is there a
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very different understanding now? violence 20 years ago s is there a very different understanding now7m course, our thinking has moved on very long way, i understand that, my point was, that we have been addressing this issue in training, over a long period of time, and that training is developed as our experience develop, because we use, outside experts to help us with our thinking. how high does the threshold have to be, in terms of allegations for a judge to decide that contact is not advisable, is the presumption always that it is contact pretty much at any cost? no. i don't think it is. there is a working assumption that it is in best interest of children to have contact with both parent, that is a fundamental working assumption i don't think is particularly controversial as an assumption, within this kind of field, usually the key thing is trying out the allegation, to see whether it is
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true or not. once you have tried heard the evidence and made a decision, then you have got some solid ground on which to make decision, if you conclude that a man has been violent or controlling, or emotionally abusive to his wife, that will be a very significant factor in whether or not you give contact to a particular child, and there will be all sorts is of discussion about safeguarding. if the thing is allowed just to drift on, without anyone at any staged a dressing the truth of the allegations, then you get into all these kind of problems. charlotte, the letter says all of judge tolson's cases should be reviewed. should it go further than that? well, the letter calls for his downgoing cases to be reviewed by the president, we say it is important because if this judge, the president, we say it is important because if thisjudge, as we know, has made' decision about a rape case which was clearly contrary to law, is he still making the same decisions in other cases? there has
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been no suggestion he has undergone any training, or even apologised the decision that has been made. has this happened in other cases? i do question personally, and professionally, whether his honour judge tolson's position is tenable in moving forward. imean in moving forward. i mean it's a name that is out there, isn't it. it is. which, where will this go? because you want the cases reviewed, i mean ultimately, you also want, say there are other judges out there, so what would you like the next concrete steps to be? yes, so i think that having haphazard or patch work training is frankly not enough, because we know this is a systematic and structural problem, and so we want want to see is concrete training on sexual violence, particularly serious sexual violence and what consent means for family judges so sexual violence and what consent means for familyjudges so this type of decision does not happen again, we also want to see domestic abuse champions rolled out in family court, so that there is an overview
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of cases, and there can be if you like transparent sip and accountability when judges do get decisions wrong. the current system is cafcas, are you saying it is not adequate? their role is different. so what they do is look at the child, the focus on the child's welfare and whether contact is in best interest. we are saying we need something that looks at the judge's overall decision making and when certain comments were clearly inappropriate. and sir mark, i mentioned you made legal history in 2010 when your court room at the court of protection was opened up to journalists for the first time. do you think that it is time for there to be much greater transparency round the family courts? it depends what you mean. as far as i know the press are allowed into family court, the restriction is on what they can rourt rather than anything else. in fa ct, rourt rather than anything else. in fact, it is very rare to find anybody in a family court, watching
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it depends what you mean. as far as i know the press are allowed into family court, the restriction is on what they can rourt rather than anything else. in fact, it is very rare to find anybody in a family court, watching what is going on. —— report. i don't know what kind of monitoring is actually being looked for, the court is open, mostjudges are only too glad to have people sitting in watching what they are doing, because it is a protection to them as much as a protection to the party, so, i am entirely open to it, if we can decide how to do it and anyone is willing to pay for it to be done. and presumably you would welcome that scrutiny? yes, it is something that scrutiny? yes, it is something that needs to be addressed. i understand that some lawyers and women's rights organisations are concerned by opening up family courts because they fear it could leave women more vulnerable and marginalised, finding their story is at the forefront of headlines. marginalised, finding their story is at the forefront of headlinesm could go both whys of course. or more connoisseuring their children. that could leave them vulnerable and so that could leave them vulnerable and soi that could leave them vulnerable and so i sympathise with those particular circumstances, but i do
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think that it is something that needs to be addressed. i often see judges making off—the—cuff comments which i do think are inappropriate infamily court which i do think are inappropriate in family court settings, or making what appear to be predetermine native decisions without hearing findings of fact, such as let us crack on and order contact when there are allegation of domestic violence, and i think if the public oi’ violence, and i think if the public or the media were present in court more often, there would be more concern, and certainly perhaps more consideration in respect ofjudicial comments of that natureroom. and a final word onjudge tolson, it is that case which has stringered this. do you believe he should go?” that case which has stringered this. do you believe he should go? i do, yes. i believe that firmly and strongly, i find yes. i believe that firmly and strongly, ifind it, iam it is untenable he continues to hear cases involving rape, involving sexual violence on a daily basis of which he is most seniorjudge in the centralfamily court, he is most seniorjudge in the central family court, and yet, he is most seniorjudge in the centralfamily court, and yet, he remains in that position, despite the fact there has been no training,
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no apology and he continues to make decisions. is his position tenable in? i don't think that is for me to comment, i in? i don't think that is for me to comment, lam in? i don't think that is for me to comment, i am not in? i don't think that is for me to comment, lam not part in? i don't think that is for me to comment, i am not part of the system any more, and that is a matter for those who now have responsibility for running it. thank you both very much forjoining us. thank you. coming up later caroline flack's family have shared a new instagram post she wrote but didn't publish, insisting he was not a domestic abuse e and we will hear claims from bereaved families that lives are being put at risk during army training, a bbc investigation has found the ministry of defence breached health and safety laws four times, a0 times in the past two decades. the first of hundreds of passengers who tested negative for the new coronavirus have begun
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leaving a ship moored offjapan, after 1a days of quarantine. at least 5a2 passengers and crew on the diamond princess have been infected — the biggest cluster outside mainland china. covid—19 has now claimed 2,00a lives in china. our correspondent nick beake is in beijing. what is the latest nick with that cruise ship? i can tell you in the last few minutes another 79 cases have been confirmed, which brings the total number of infections onboard to 621, so that is basically one in six of the people onboard that stricken ship, as you say for some people, there was some respite today, round 500 people we believe we re today, round 500 people we believe were able to leave the ship, and what happens to them now depends on their nationality and how their individual country is going to treat them. we know for example, the britons onboard, some 7a of them are still waiting for a flight to take them back to the uk, where of course they are likely to be in quarantine for another two weeks, and of course there has been lots of criticism of
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there has been lots of criticism of the japanese authorities here, for keeping people onboard, the idea was eve ryo ne keeping people onboard, the idea was everyone onboard would do two weeks qarn tie and they would be able to go on their various ways but now people coming off are finding they are having to spend more time in self isolation so they don't spread the virus further. what is the latest on the situation in china, more widely? well, we are pretty grim milestone reached today. the authorities saying that 2,000 people have died from the coronavirus. the vast majority of them in hubei province where the outbreak began, authorities in china also saying though, that the total number of new cases and the total number of new deaths has been falling, for a good number of days now, and of course a reminder we are dependent on the fa cts reminder we are dependent on the facts and figures that the chinese authorities are giving us, but if they are to be believed, if they are accurate, that would hopefully give
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cause for optimism. it is interesting, in hubei province wuhan city, a place where 11 million people live, there is no let up, because they are looking at the health records of people, if they have been to the doctor with a fever, or if they have been buying medicine over the counter or online, people are being assessed by local officials and they want to make sure that no—one has picked up the virus but they haven't told the authorities about it so they are desperate to get a full picture in this massive effort to try and contain the outbreak. thank you very much. a new points—based immigration system has been announced today by the government — and it means low—skilled workers from other countries will no longer be given visas to come and work here. to tell us how it'll work, we can talk to madeleine sumption, who is the director of oxford university's migration observatory. mike padgham runs a dementia specialist care home in scarborough.
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and james greenhalgh, who owns flamingos coffee house in leeds. tell us how this would work, it is complicated, there a points system you need 70 points to accrue, and if in fact we may have an example of how it would work i am not sure. we haven't got it so you will have to explain it. 70 points but you can accrue them in different ways. so for skilled workers coming in under the current system they will feed to meet a set of salary flesh holds usually above £25600 in a system that looks similar to the one we have for non—eu citizens so they will need to have a job offer lined up. there will be exemptions for particular groups of people, so anyone who is, whose occupation is considered to be in a shortage or a person with a phd would be able to come in on a lower salary but now less tha n come in on a lower salary but now less than 20,00 pounds. one of the
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radical things about the announcement people weren't expecting was that there won't be work visas for people to come in into lower wagejobs, sojobs like the care sector, cleaners, minimum wagejobs in hospitality, the expectation is there won't be any dedicated work route for those people and if migrants come into the jobs at all, i would be through other routes like for example, family members who have, have not come for work but who do take up the jobs. let us bring in mike. you run a dementia specialist care home, what are your thoughts on the changing? it is tough in social care now and this when i heard of this this morning was a devastating blow, ifailto this morning was a devastating blow, i fail to understand how the government can do this when it knows we are recruitment crisis in social care. i we are recruitment crisis in social care. lam puzzled we are recruitment crisis in social care. i am puzzled where we will get the workforce from in the future. the government said they will look at the labour market and different
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sectors and the points are tradeable, which they, they say there already flexibility and fluidity over time to ensure that sectors don't have particular difficulty, does thaw reassure you? well, given this government and the prove's ones on social care no, we are crisis, in my own home over 10% of the staff are from europe, if we didn't have them the home couldn't infection, if we are not there it puts extra pressure on the nhs. the jobs are highly skilled but low paid, that is why it is a problem. so that lorer threshold of salary of £20,000 being 0k so that lorer threshold of salary of £20,000 being ok if there were other factors, would that not be of any use? very few front line scare staff will earn that, i am sad to say, thatis will earn that, i am sad to say, that is an issue that rests with government as well over its failure to address the social care problem, this is exacerbating it and i think
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what the government needs to think social care if, wants to help it needs to relook at this. james, you own a coffee house in leeds, what are your thoughts on the changes? my thoughts are there are clearly shortages in a number of sectors but ido shortages in a number of sectors but i do also think it is up to businesses to actually invest and look after their staff, i know in the sector there have been shortages in the hospitality sector, for the la st in the hospitality sector, for the last few years but in my business, recently, i have been trying to do more to attracts staff, i have been more to attracts staff, i have been more willing to invest in staff and it is fantastic, and while there will be shortages in some sector, it is important you train your staff up andi is important you train your staff up and i think businesses have relied for a long time on low wage economy, and itjust for a long time on low wage economy, and it just isn't for a long time on low wage economy, and itjust isn't sustainable. so, in terms of your business model you have no concerns round anything causing you trouble going forward?” do have concerns but it is about i
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am having to build up resilience to make sure the concerns are dealt with. i will be paying the real living wage, no the one the government set s i don't pay 16—year—olds any different to a ao—year—old. i try to help my staff with pay advance, do things to make the job appealing and better for them, and that seems to be work, i had a vacancy a few months ago and i had a vacancy a few months ago and i had over 100 people apply. not everyone was the skill i needed but ifi everyone was the skill i needed but iflam everyone was the skill i needed but if i am prepared to invest in them i don't think there will be a massive problem for my industry, a lots of other industries there will be issues and the cleaning industry, restaurants and bars rely on cleaner, we do ours in house but a lot of people from that industry work from eastern europe, that may bea work from eastern europe, that may be a difficulty but for many as a business, that isn't a problem but i know a lot of people will suffer. but they need to adapt. madelyn, the government says it is
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aiming to reduce overall migration to the uk, but do you think it will achieve the result? it's always really difficult to project how many people will come or guarantee a specific number because immigration numbers can fluctuate unpredictably, regardless of what you do on policy. ido regardless of what you do on policy. i do think it is plausible we will see a reduction relative to what otherwise would have happened because for eu citizens who have made up the bulk of workers coming to the uk, not necessarily family members, if you said this is a more restrictive system so it's quite plausible we will see a reduction in immigration. the tutor says i work ata immigration. the tutor says i work at a place where i get calls from english clients asking how we found the guys with a great working ethic as they keep trying to find english people but they are either lazy or the good ones are taken. be careful what you wish for, you might not like it in the end. marlene on facebook says a lot of uk citizens could do those jobs and they should
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be popped into work. tara says we cannot recruit british carers because they don't want to watch old people and change adult nappies. the pay is low. we still cannot recruit british people. who will look after these vulnerable old people? you cannot force people to do it because they could take out their resentment on the elderly client base and the government have not thought this through. what is the issue here? you come in there. i couldn't disagree more with the gentleman, but i agree with the guy from the coffee industry. the issue is we need in this country to cope with the growing population and we need another 700,000 workers by 2030 and they cannot come from this country because there is in the population willing to work in the industry and it's not highly paid enough. the government has a responsibility tackle social care. we do want to invest in it but there are not the people out there and i'm worried what it means for the care of older
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people in the future. what about the comments we were getting about being unable to find british workers who are willing to do what foreign workers who are prepared to do it. do you see that? i see it as a challenge because i don't think social care is regarded highly in this country and we have work to do in that and it's not highly paid. it is very skilled and we have to change the image of the sector and it rests on our shoulders to do that but it's not an overnight fix and it's about providers and people needing care and that's what we worried about, and the message we give to people from overseas that we are not wanted, well we are could not function without them and they doa not function without them and they do a highly skilled job. when we talk about these jobs, there is nothing mike is talking about, they are very specialist that are required —— that is the thing that mike is talking about. they are very specialist skills but they are low paid. there is a whole range of differentjobs and paid. there is a whole range of different jobs and employers paid. there is a whole range of differentjobs and employers in differentjobs and employers in different sectors will have different sectors will have different experiences. areas like
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social care has a whole host of problems beyond immigration related to funding where employers have struggled to create jobs that are attractive for people to do and there are other industries where it might be easier for employers to adjust and there are more options for them to automate some of the processes and you can rely more on machinery. the picture will be really different depending on the job you are looking at. priti patel said there were 8.a5 million people between the ages of 16 and 6a in this country who are economically inactive. what is the government plan to skill these people up and fill these gaps we are talking about? a good question because often immigration policy as discussed in isolation from training policy and there is a strong link between the two. we do have a high overall employment rate and it's hard to imagine there will suddenly be
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hundreds of thousands of british people flooding into jobs that historically have been relatively unattractive to british workers. and it's not necessarily a question of the skills and whether they can learn on thejob, the skills and whether they can learn on the job, but whether they are willing to do the work at the rate of pay that employers offer. and we can bring in the example i mentioned at the beginning which is interesting to look at because it shows a sort of possible example of a university researcher and i mention that way of getting to the 70 points and they can be accrued in different ways, the salary, and you could get no points on your salary and still get in through other routes with qualifications, english speaking and in the end, how flexible do you think the system will be and when the home secretary says they will keep looking at the
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jobs market and there are issues, how flexible ultimately could things turn out? for skilled workers like university researchers, people working in tech companies or banking oi’ working in tech companies or banking orfinance, the working in tech companies or banking or finance, the system will be flexible for them and be considerably more liberal and less bureaucratic who are used to hiring non—eu citizens into. the really big question is what happens in the lowest minimum wage jobs and the industries we've been talking about and there there is a lot of uncertainty about how employers will adjust. thank you very much for joining us and we will speak to a work at a little bit later in the programme, so do let us know your thoughts and experiences on this. caroline flack's family have shared a previously unpublished social media post she wrote before she died, describing how her arrest for allegedly assaulting her boyfriend meant her whole "future was swept from under" her feet. the inquest into the former love island presenter‘s death opened today. she was found dead in her home on saturday, weeks before
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she was due to stand trial on charges of assaulting her boyfriend, lewis burton, in december. let's hear some of that instagram post, in which she talks about her arrest for assaulting her boyfriend. the post says: on december the 12th 2019 i was arrested for common assault on my boyfriend. within 2a hours my whole world and future was swept from under my feet and all the walls that i had taken so long to build around me, collapsed.
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our correspondent richard galpin has been at the inquest into her death. what happened today? it was very brief, actually, and only lasted a matter of minutes. initially the coroner was quite stern with the media saying there should be fair and accurate reporting and sensitivity to the family should be respected. then the coroner office went on to describe what had happened on saturday and said it was on saturday afternoon at around 2:30pm that the police were flagged down in stoke newington and taken to a residence where they found a person lying on her back inside that residence. the police initially tried to resuscitate her and then the paramedics from the ambulance also tried but they were unable to save her and she was declared dead. we also heard her
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sister identifying her as being caroline flack. i just sister identifying her as being caroline flack. ijust read out an extra ct caroline flack. ijust read out an extract from a statement that she wrote but did not publish before she died. herfamily wrote but did not publish before she died. her family have wrote but did not publish before she died. herfamily have put it out. it's difficult to hear that in light of what has happened. absolutely a very emotional statement which had been held back and was never published and it makes significant points and there are other elements in the statement which really stand out, saying she had accepted shame and toxic opinions on her life for ten yea rs and toxic opinions on her life for ten years and it had been brushed under the carpet and it also said she had been having some sort of emotional breakdown for a long time and stating very clearly that she
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was not guilty of assault at all and it was an argument only. thank you very much, richard galpin reporting there and a couple of comments to bring you from you watching at home. steve has said it is sad the courts prosecuted over because it's a domestic assault they had no choice. man orwoman, domestic assault they had no choice. man or woman, under the law, they are equal and that's the way it should be. charlotte on twitter says the saddest part is that caroline did not realise she had more self—worth than her entire tv career was over, which i don't think it would have been, she was still of great worth and importance to so many and that help could have come to her to help her with her issues. injuly 2013, three soldiers died because of the extreme heat, during an sas selection exercise in the brecon beacons. a coroner ruled that the men had been neglected by the army. but, after another similar death three years later, the same coroner said he was concerned about the army's ability to learn from past mistakes. now a bbc wales investigation has found the ministry of defence
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breached health and safety laws a0 times in the last two decades and that over the same period 1a8 service personnel died, not on the battlefield but in training exercises. and bereaved families are calling for the military to lose its immunity from prosecution. craig roberts was one of those who died in 2013, after collapsing during a 16—mile march against the clock. his parents, margaret and kelvin roberts, spoke to bbc wales investigates. he wanted to join the reserve sas. it's not what we wanted to hear, but he was passionate and said he wanted to be the best soldier he could be and be the best of the best. we were worried about what would happen if he was deployed but the thought of training did not occur to us thought of training did not occur to us at all.
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it was getting late, but i was waiting because i knew he would ring — it was his first day of selection. and then 11:30, there was a knock on the door. and as soon as he said mod, i knew craig was dead. he came in and explained how craig was going up a hill and he'd had a heart attack. we shouldn't be talking about failures or deaths within training exercises. you know, when there's things in place that could prevent it. i've been speaking to hilary meredith, a solicitor, professor and lobbyist working with uk armed forces service personnel and their families, and john skipper, who was in the army for 35 years and during that time spent two years delivering training and six years responsible for the training of soldiers. i began by asking hilary meredith what she wants to see from the government. we are calling for the ministry of defence to have an immunity from the corporate homicide act removed and
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this is sending shock waves through them. it's not going to open the floodgates and in my 30 years of acting for members of the armed forces and their families i acting for members of the armed forces and theirfamilies i can acting for members of the armed forces and their families i can see thousands of cases and only three where i think that training has to be realistic but sometimes it crosses the line into a reckless lack of care for livelihood and it's in those cases that i think the ministry of defence should bear corporate responsibility. how did those three cases distinguished from the ms those three cases distinguished from the 1a5 others over two decades? those three cases distinguished from the 145 others over two decades?” think the majority of the cases i acted for, yes, there have been some awful fatalities and dreadful injuries and they can be explained and there is a duty of care by the ministry of defence and they accept that duty of care, that's fine. i think in the extreme cases where extreme training has gone that step further and cross the line into
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reckless behaviour where there is a reckless behaviour where there is a reckless disregard for life and certainly brecon is one of those three cases, the only other case i had was a drowning case in germany where the ministry of defence sought to court—martial the two captains involved and in a training exercise in the ministry of defence knew itself there had been a massive parliamentary enquiry and a six—month audit of taxpayer money into the whole aspect of military diving and the conclusion was that the ministry diving suit was so inherently dangerous with no second breathing system that it should be taken out of operation immediately and use suits procured and the mod sat on the report for two years causing two more this and to me, thatis causing two more this and to me, that is a reckless disregard for life and the two captains who were charred with court—martial, that should never have happened in the ministry of defence should have taken responsibility for that
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scenario. what impact do you think it would have, john skipper, if the mod lost immunity from prosecution? my view is that it should. i am fully aware of all the incidents that hillary talks about and i am afraid that with the tempo of operations where often, and it has been my experience, that the training base is robbed of providing sufficient people to undertake operations, i'm afraid the concern i haveis operations, i'm afraid the concern i have is that we are not conducting training ona have is that we are not conducting training on a prepare for the worst basis. it is very much hope for the best, which i'm afraid is playing with peoples lives. where does the line get crossed? is it easy to know in training where the line is between extreme training for extreme situations and a reckless situation? yes, training has to be rigorous and yes, we can blame the mod who will produce all the documents, the joint
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service publications and that demand that certain criteria are adhered to, but the real responsibility, and this was certainly mine when i served, was at the delivery end because mod will not know the conditions on a particular day, whether it's too hot or arduous and it's very much up to the trainer, and if you don't train the trainer and if you don't train the trainer and i'm afraid that happened in the brecon incident, that they were unaware of so much of what was contained, but it is common sense and if you have a good trainer, you need the best, not the worst. hillary, a spokesperson for the mod put out a statement saying it regularly monitors and audits training and to ensure incidents are minimised. the heat illness positive —— policy has been updated six times since 2015 and a full safety report was undertaken into diving
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activities in 2018 but it says the health and secretary has the power to investigate over breaches and can issue crown century as which is short of a prosecution but it's something that goes on record. it saysin something that goes on record. it says in virtually every case in which the health and safety case identified shortcomings, the mod took action to prevent a recurrence before any decision on the crown century. how do you respond to that? it's a stock, standard statement from the mod. they are immune from prosecution from health and safety and from the corporate manslaughter act and and from the corporate manslaughter actand in and from the corporate manslaughter act and in brecon, the families were invited to witness this piece of paper being handed over and every body went home. and three years later there is another death on brecon and the heat was not the only factor in the deaths, there was a lack of water supplied and bearing in mind 14 people nearly lost their
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lives in the first incident, only three actually did but 14 nearly lost their lives and in one training exercise, that has to be questionable. what will you do to try and achieve the position you want, which is the mod no longer being immune from prosecution? we have lobbied parliament and there is a view out there that ministers and mps agree that the crown sensor should be removed and in the 21st century there has to be transparency and clarity and responsibility to be quite honest. there's no reason why the ministry of defence should not have this immunity removed. you mentioned about the two individuals being court—martialed and you said it shouldn't happen. some might think that were immunity from prosecution to be lifted it would send a chill through anybody involved in training people in the
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field, because of the potential liability that they might hold. how would that liability fall in the future do you envisage? it's a good argument but as i've explained, there are only three incidents where i think, myself it would apply and the immunity from the corporate manslaughter act might have assisted where there was a reckless disregard for life and that is a criminal test, a reckless disregard for life, so the floodgates would open but the mere fact that that threat is hanging over the ministry of defence, they could be heavily sanctioned and fined and they would think twice about their systemic failures in training and indeed... but would it mean people low in the ra nks but would it mean people low in the ranks not being court—martialed, but higher up taking ultimate responsibility? it depends on the individual circumstances of the case. if someone has had a reckless disregard for life there should be a court—martial. in a diving case, i don't think those taking part in
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those exercises organising it were responsible and clearly the sabre suits themselves should have been taken out of service and the ministry of defence knew that in those circumstances, they should have been fined and sanctioned. that was hilary meredith and john skipper. let's go back to the immigration system announced by the government. it means low skilled workers from other countries will no longer be given visas to come and work here. karolina gerlich came to britain from poland 12 years ago to work in the care sector. she founded the national association of care and support workers and represents hundreds of members. what do you think about these changes? unfortunately the changes are not very good for the sector. the sector relies heavily in terms of living care and home care on immigrant workers and the biggest issue with the announcement is that
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ca re issue with the announcement is that care workers issue with the announcement is that ca re workers are issue with the announcement is that care workers are classified as low skilled and i have to say i am sure that most people will need social ca re that most people will need social care in their lives, and they would say that care workers most definitely are highly skilled and then the duties we have to undertake ona then the duties we have to undertake on a daily basis really require a lot of skill and knowledge to do well. the government is looking at, or has looked at, which areas would be classified as low or high skilled, and there have been changes in the list, so waiting staff roles have been removed from the list of skilled occupations but new additions would be carpenters, plasterers and childminders. how do you see that when you say that care workers should also be on the list? i think thatjust really workers should also be on the list? i think that just really shows workers should also be on the list? i think thatjust really shows the general misunderstanding of what social care is and the government's lack of knowledge needed to do the job. years of underfunding and
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neglect by the government supports the fact that policymakers don't necessarily know what the job entails and how much responsibility and skill it requires. there are various ways that the 70 points required to work in this country under the new system would work. you get 20 points if you have a job offer, so a care worker could get that. 20 points perjob at an appropriate skill level and a care worker could get that, presumably on ten points if they speak english. no points for a salary under £22,000 and points for a particular qualification, like a phd. so under this system, do you think there's any way a care worker could come in from abroad? there are care workers who work as care workers who are qualified and nurses and doctors who have had a degree, so maybe there are some people and it won't be a
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big proportion who could possibly get in, but the biggest issue will be around pay and last year there was a salary survey published and the average earnings were around £16,000, so it won't fall into any of the pay brackets that have been announced. a couple of comments from people watching at home, an anonymous e—mail says i pay £1100 a week for my mothers care and her ca re rs week for my mothers care and her carers are foreign and badly paid and if these jobs were paid as they should be, british—born workers would do thesejobs, especially should be, british—born workers would do these jobs, especially with security on good terms and conditions came along with a higher wage. harry on e—mail says the cost of social care is a scandal and it is no wonder they cannot get star. thank you so much forjoining us and thank you for those comments. thank you very much. dave won album of the year at the brits last night, moments after calling the prime minister a "racist".
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the rapper took home the night's main award for psychodrama. we'll hear more about that with newsbeat‘s steve holden in a moment, but first let's take a look at what else happened last night. they say you should be grateful we are the least racist. this weekend we learn the awful news that a memberof the we learn the awful news that a member of the brits family, our friend, caroline flack tragically passed away. she was a kind and vibrant person with an infectious sense of fun. she will be sorely missed. the big theme of award shows this year, and in the spirit of sustainability, the brit awards has been recycling all the same excuses for why so few women were nominated. i've got the most incredible females on my team. you lot are the greatest, the best, you know nothing
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about this incredible females, i love you guys. ijust have to say that i had the honour today of walking the red carpet with my amazing mum, and it's exactly 30 years ago today that she took home two of these and performed on the stage. thank you very much for this. contrary to popular belief a lot of people think this song is about my ex girlfriend who you can now see every night on love island. but it's actually about my grandmother.- what you do? pretend one sing it! always a pleasure, what is this? applejuice? always a pleasure, what is this? apple juice? oh, god, always a pleasure, what is this? applejuice? oh, god, that is tequila. that is literally neat tequila. that is literally neat tequila. he has gone off the rails. while that was a round—up of what was a really brilliant night of
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entertainment. newsbeat‘s steve holdenjoins me now. dave obviously has triggered a lot of controversy with the comments about boris johnson and of controversy with the comments about borisjohnson and priti patel this morning saying that he was not racist. whatever he said and ventured into that territory, it was a stunning performance and has really put him out there. the point is, if you did not know who dave was yesterday, you are more than likely knowing who he is now. that song black is from psychodrama and he added the verse at the end in which he mentions the prime minister and grateful tower and the media coverage of kate middleton and meghan markle. it was thought through and we got to chat to him after he won best album and i asked him about the performance and he said he had been rehearsing it for six weeks. it's a big, big weight off my shoulders now and i can relax and get back to my normal life and try and just live, because that
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performance has been on my mind for months now, and yes, i said what i needed to say. there was also stuff around the absence of female nominees. well, mabelwas representing the female artists and there were lots of female nominees, not as many as the men, but she won best british female and the nice thing about her is that her mum is neneh cherry, that is a mother, and she took her as her plus one, and 30 yea rs she took her as her plus one, and 30 years ago today she won two brit awards and backstage she was saying how nice it was the circle was completed. lots was made about the lack of female nominees before the brits happen. the brits were keen to distance themselves from this and say we do not choose the nominees, thatis say we do not choose the nominees, that is up to the journalists, musicians and industry professionals who put forward who they want to be nominated, so maybe let's look at that as an issue and the ceremony did not shy away from this. jack whitehall, the host, mentioned it in
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one of his links and foles they mentioned it in their speech saying that things have to open up, especially in their category, best british group, all men, no women at all and things need to change a little bit. just going back to dave, i know the reaction has been polarising, comments on social media for and against polarising, comments on social media forand against him, polarising, comments on social media for and against him, but i think that clip earlier, he said what he needed to say, and we definitely know who dave is now. very true. steve, thank you very much. more news coming up next and thank you for your company. have a good day. see you soon. goodbye. good morning. we have further rainfall moving across the uk at the moment and it's turning quite heavy across western areas of england and wales and across northern ireland, so over the next few days with more heavy rain there is the real risk of more flooding. here is the situation
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at the moment. further east across the uk, it is dry with sunshine at the uk, it is dry with sunshine at the moment across eastern parts of scotla nd the moment across eastern parts of scotland and eastern england but the rain will quickly move into here through the afternoon and will turn heavy across scotland, north—west england and across wales and temperatures this afternoon around seven to nine celsius but it is the rain across the west that could cause some concern. there are yellow weather warnings in force in wales, north—west england and also southern scotla nd north—west england and also southern scotland later today and through into thursday because you will notice how this rain doesn't really move notice how this rain doesn't really m ove very notice how this rain doesn't really move very far, turning heavier still across southern scotland, parts of cumbria, lancashire, north and south wales and we could see up to 100 millimetres of rain and in the south—east on thursday afternoon it will be replaced by sunshine, showers and it will turn cold as well. goodbye for now.
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you're watching bbc newsroom live. it's11am and these are the main stories this morning... there'll be no visas for low—skilled workers, as the government unveils plans for a points—based immigration system. this basically redefines our immigration policy, so the brightest and the best, people with skills, need to come to the uk. this policy will turn into a muddle, and yet it sends a very clear message that immigration is a bad thing. the inquest into caroline flack's death opens and is adjourned until august, as herfamily release an unpublished instagram post which she wrote days before she died. more heavy rain is expected in flooded communities
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