this is bbc news at ten. i'm kasia madera. the headlines... the uk's supreme court has ruled the scottish government does not have the power to call another independence referendum without the consent of westminster. we must, and we will, find another democratic, lawful and constitutional means by which the scottish people can express their will. the home secretary suella braverman is questioned by mps over the government's handling of migrants crossing the channel on small boats. we have failed to control our borders, yes, and that's why the prime minister and myself are absolutely determined to fix this problem. we talk to the motherjailed for killing a sex offender the dr feelgood guitarist wilko johnson has died at the age of 75.

he had a terminal cancer diagnosis almost ten years ago, but kept on touring until last month. and another upset at the world cup as japan beat four—time champions germany 2—1. before the game, the german team staged a protest in support of lgbt rights. good evening. judges at the supreme court have ruled that the scottish parliament cannot organise a second independence referendum, unless the uk government agrees. in 2014, voters in scotland rejected independence, but the first minister nicola sturgeon wants another referendum next october. she has said she's disappointed by today's ruling. the prime minister rishi sunak called it clear and definitive. tonight, a series of

pro—independence rallies are being held in towns and cities across scotland. i spoke to stephen tierney, professor of constitutional theory at the university of edinburgh law school and also a legal adviser to the house of lords constitution committee, and i started by asking him what recourse does the snp now have. the home secretary, suella braverman, has been accused there is no recourse in law. the union is a reserved matter. that was set out very clearly in the scotland act and the court has addressed the low point about whether scotland has a right of self—determination of international law that would permit scotland to leave the united kingdom by international law principles. again, the court made unequivocally clear that the principle of self—determination is fully

satisfied under international law by devolution and does not require the permission of separatism. 50. devolution and does not require the permission of separatism.— devolution and does not require the permission of separatism. so, is the issue with the _ permission of separatism. so, is the issue with the actual— permission of separatism. so, is the issue with the actual scotland - permission of separatism. so, is the issue with the actual scotland act . issue with the actual scotland act which established this? which put on the ground rules that means that arguably, if a referendum does then go ahead, what kind of weight doesn't carry? the go ahead, what kind of weight doesn't carry?— go ahead, what kind of weight doesn't carry? the scotland act makes very _ doesn't carry? the scotland act makes very clear _ doesn't carry? the scotland act makes very clear that - doesn't carry? the scotland act makes very clear that the - doesn't carry? the scotland act| makes very clear that the union doesn't carry? the scotland act i makes very clear that the union 's makes very clear that the union �*s reserves. that's not unusual. the territory of state is not up for grabs. we've seen cases in spain, journalling, it will —— germany italy and the us. it gives authority to the scottish parliament. it has increased to that authority on two separate occasions, but it does not allow the scottish parliament

unilaterally to break up the state. that's not an unusual constitutional provisions. that's not an unusual constitutional rovisions. _, ., provisions. so, if nicola sturgeon were to make _ provisions. so, if nicola sturgeon were to make the _ provisions. so, if nicola sturgeon were to make the next _ provisions. so, if nicola sturgeon were to make the next election i provisions. so, if nicola sturgeon were to make the next election a | were to make the next election a question on a referendum... does she then have a mandate in order to push that through if the snp win again squeeze although she could argue politically that she has. there's nothing on law that would the united kingdom government to negotiate independence following such an election. it's also the case that a referendum under an election —— and election are entirely separate events. a referendum is clear because the people vote directly on an issue that is presented as a single issue, and even then, the outcome is and always that clear. even after people voted to leave the eu, that's even when there is a

referendum that... in which you're electing mps on a range of issues, it's very difficult to assert that that process is at the same time a referendum on one sole issue. ., , ,., the same time a referendum on one sole issue-— sole issue. professor stephen tierne . the home secretary, suella braverman, has been accused of being "out of her depth" after conceding many asylum—seekers would need to come to the uk in order to submit a claim. earlier, we spoke to our political correspondent, jonathan blake, who described the moment the home secretary was pressed on what routes are available to people fleeing persecution. well, this was a tricky session for the home secretary in front of mps. as you say, she faced sustained questioning on the continued problem of small boat crossings in the english channel and the home office

in particular�*s response to that. we saw overcrowding at the man stood in processing centre. —— manston. the home secretary was asked whose fault that was repeatedly, and who was to blame for letting that situation get out of hand. she refused to point the finger of blame, as she put it, but she went on to say that the people to blame where those who were crossing the channel illegally and coming to the uk and people smugglers who are taking advantage of the british people and the welcome provided to people coming to the uk through legal routes. she was also pressed on what routes are available to certain people who are fleeing persecution, say, an african country, she was asked today. and

struggled somewhat to give a specific response. we struggled somewhat to give a specific response.— struggled somewhat to give a specific response. we have offered 390,000 places — specific response. we have offered 390,000 places to _ specific response. we have offered 390,000 places to people - specific response. we have offered 390,000 places to people seekingi 390,000 places to people seeking safety _ 390,000 places to people seeking safety from various countries around the world _ safety from various countries around the world. not safety from various countries around the world. ., ~ ., ., the world. not afghan, not ukrainian, _ the world. not afghan, not ukrainian, not _ the world. not afghan, not ukrainian, not any - the world. not afghan, not ukrainian, not any of - the world. not afghan, noti ukrainian, not any of those the world. not afghan, not - ukrainian, not any of those specific schemes _ ukrainian, not any of those specific schemes the _ ukrainian, not any of those specific schemes. the dub— ukrainian, not any of those specific schemes. the dub seam _ ukrainian, not any of those specific schemes. the dub seam is- ukrainian, not any of those specific schemes. the dub seam is historicl ukrainian, not any of those specific . schemes. the dub seam is historic —— scheme _ schemes. the dub seam is historic —— scheme if— schemes. the dub seam is historic -- scheme. , ., ., ., , schemes. the dub seam is historic -- scheme. i. ., ., , ., schemes. the dub seam is historic -- scheme. , ., ., ., , ., ., scheme. if you are able to get to the uk, scheme. if you are able to get to the uk. you can _ scheme. if you are able to get to the uk, you can apply— scheme. if you are able to get to the uk, you can apply for- scheme. if you are able to get to | the uk, you can apply for asylum. scheme. if you are able to get to i the uk, you can apply for asylum. i the uk, you can apply for asylum. would only the uk, you can apply for asylum. i would only enter legally. well, - the uk, you can apply for asylum. i would only enter legally. well, if . would only enter legally. well, if ou're would only enter legally. well, if you're putting — would only enter legally. well, if you're putting your— would only enter legally. well, if you're putting your application i would only enter legally. well, if| you're putting your application for asylum _ you're putting your application for asylum upon arrival, that would be the process that you enter. it asylum upon arrival, that would be the process that you enter.- the process that you enter. it was ut to the the process that you enter. it was put to the home _ the process that you enter. it was put to the home secretary - the process that you enter. it was put to the home secretary that i the process that you enter. it was. put to the home secretary that she was warned on four separate occasions that the situation at the manston processing centre was illegal given that people were being held there for prolonged periods of time. she said she couldn't comment

on documents, but when she arrived at the home office, she was fully aware that there was a crisis and an unprecedented level of pressure on the system which she said remains. she talked about the efforts the department is taking to try to clear the backlog of asylum claims, having quadrupled the number of staff and trying to quadrupled the rate at which they are being process. but she said and what was by far the most revealing exchange of the session between the home secretary and mps this morning that the uk had indeed failed to control its borders. that is why the prime minister and her were absolutely determined to fix the problem. jonathan blake reporting. strikes by royal mail postal workers scheduled for tomorrow and friday will go ahead. talks to resolve a dispute over pay have ended without agreement. royal mail say they've tabled their "best and final offer", which includes a 9% wage increase over 18 months.

the union has announced ten more strike days, including black friday and christmas eve. but royal mail says they can't match the strikers' demands, due to losses of £1 million a day. the musician wilkojohnson, whose machine—gun guitar style and manic stage presence was a major influence on punk, has died. he found fame with the 1970s pub—rock band dr feelgood, and later played with ian dury before embarking on a four—decade solo career. the 75—year—old, who also appeared in the tv show game of thrones, continued to play live until last month. dojoin me in about half an hourfor our review of tomorrow's newspapers. i'll be joined our review of tomorrow's newspapers. i'll bejoined by our review of tomorrow's newspapers. i'll be joined by the our review of tomorrow's newspapers. i'll bejoined by the broadcaster and psychotherapist lucy beresford

and psychotherapist lucy beresford and joe twyman, the director of deltapoll. do stay with us because next, we arejoining deltapoll. do stay with us because next, we are joining viewers for a round up of all the day's news. tonight at ten — the scottish parliament is told it cannot hold a referendum on independence without approval from westminster. the long—awaited ruling by the judges of the uk supreme court will have potentially big consequences at the next general election. the scottish parliament does not have the power to legislate for a referendum on scottish independence. independence campaigners immediately warned that the next election in scotland would become, in effect, the referendum they want. we must and we will find another democratic, lawful and constitutional means by which the scottish people