tonight at ten: a trans woman who raped two women when she was a man is told she can't serve her sentence in a women's prison. isla bryson had been remanded to cornton vale women's prison in stirling after being convicted on tuesday. it prompted immediate questions about safety if a rapist was held in an all—womenjail so the scottish government eventually intervened. this prisoner will not be incarcerated at cornton vale women's prison, and i hope that provides assurance to the public, presiding officer, not least to the victims in this particular case. and the first minister went on to say that there is no automatic right for a trans woman convicted of a crime to serve their sentence in a female prison.

also tonight... the conservative chair nadhim zahawi, who had to pay a penalty to hmrc, has agree to allow a downing street inquiry to look at his tax affairs. transpennine express, which has cancelled so many services across the north of england and scotland, has apologised to customers. and gareth southgate tells us why he considered stepping down as england football manager and why he then decided coming up on the bbc news channel — could marcello beat everton bound? he is in talks over the managerial vacancy.

good evening. a transgender woman who raped two women when she was a man has now been moved to a men's prison in a case that highlights concerns about the safety of female prisoners being held with trans prisoners. isla bryson was sent to cornton vale women's prison in stirling after being convicted of raping two women when she was a man called adam graham. bryson decided to transition from a man to a woman while awaiting trial. the first minister nicola sturgeon announced today that bryson would not be allowed to serve her sentence in a women's prison. the scottish parliament has passed legislation aimed at making it easier for people to change their legally—recognised sex, but those plans are currently being blocked by westminster. ms sturgeon said those plans had no bearing on the bryson case. our scotland correspondent lorna gordon has the story. isla bryson is a convicted double rapist.

crimes committed while she was a man called adam graham. the 31—year—old started transitioning after being charged with the rape of two women. because she identified as a woman she was held at this women's prison near stirling but kept apart from other prisoners while a risk assessment was carried out. scotland's first minister said there was no automatic right to be held in the female prison but has controversy over bryson has grown, on this case nicola sturgeon has now gone further. on this case nicola sturgeon has now gone further-— gone further. first minister, should a convicted — gone further. first minister, should a convicted rapist _ gone further. first minister, should a convicted rapist ever _ gone further. first minister, should a convicted rapist ever served - gone further. first minister, should a convicted rapist ever served time | a convicted rapist ever served time in a women's prison?— in a women's prison? given the understandable _ in a women's prison? given the understandable public - in a women's prison? given the understandable public and - understandable public and parliamentary concern in this case i can confirm — parliamentary concern in this case i can confirm to parliament that this prisoner— can confirm to parliament that this prisoner will not be incarcerated at cornton _ prisoner will not be incarcerated at cornton vale women's prison. i hope that provides assurance to the public— that provides assurance to the public presiding officer. bryson is one of relatively _ public presiding officer. bryson is one of relatively few _ public presiding officer. bryson is one of relatively few transgender| one of relatively few transgender prisoners in scotland. there are

more than 7000 male and around 300 female inmates in total. the latest figures indicate they were four trans men, one in a men's prison and three and a women's prison and ii trans women split almost evenly between men's and women's prisons. 0ne former prison governor who has spoken out on this says the solution is obvious. it’s spoken out on this says the solution is obvious. �* , . ., is obvious. it's quite clear we need third units for _ is obvious. it's quite clear we need third units for and _ is obvious. it's quite clear we need third units for and they _ is obvious. it's quite clear we need third units for and they should - is obvious. it's quite clear we need third units for and they should be i third units for and they should be in male prisons, i'm quite clear about that, because there's no point in just separating trans identified men off to sleep separately. they should be held in male prisons and units for trans people and i think thatis units for trans people and i think that is the only reasonable way forward. , ..,, .,, forward. this case has hit the headlines _ forward. this case has hit the headlines at _ forward. this case has hit the headlines at a _ forward. this case has hit the headlines at a moment - forward. this case has hit the headlines at a moment when | headlines at a moment when transgender rights and particularly access to single six micro—spaces such as women's prisons have become the focus of intense debate and political disagreement. the gender reco . nition political disagreement. the gender recognition reform _ political disagreement. the gender recognition reform scotland - political disagreement. the gender recognition reform scotland bill- political disagreement. the gender recognition reform scotland bill is| recognition reform scotland bill is passed. recognition reform scotland bill is assed. , ., ., ,, ., passed. legislation passed at hol rood passed. legislation passed at holyrood making _ passed. legislation passed at holyrood making it _ passed. legislation passed at holyrood making it easier- passed. legislation passed at holyrood making it easier for| passed. legislation passed at. holyrood making it easier for a holyrood making it easierfor a

person to legally change their sex was met with delight and dismay. the next... was met with delight and dismay. the next- -- then — was met with delight and dismay. the next... then last _ was met with delight and dismay. the next... then last week _ was met with delight and dismay. the next... then last week the _ was met with delight and dismay. the next... then last week the uk - next... then last week the uk government — next... then last week the uk government blocked - next... then last week the uk government blocked it - next... then last week the uk government blocked it from i next... then last week the uk - government blocked it from becoming law. at the heart of this, though, are two women who were raped. their attacker, bryson, has now been moved to a men's prison in edinburgh dampening down the immediate controversy but this case adding to an already heated issue. this case has highlighted the differences in how trans prisoners are managed here in scotland compared to the rest of the uk. the uk government recently decided to change its policy on transgender women prisoners who have male genitalia or who have been convicted of a sexual offence. they say they will not normally be placed in a women's prison. police scotland have confirmed tonight that i bryce and's offences will not be recorded in the official crime statistics as offences perpetrated by a man. i've

also understand that half of transit inmates in scotland's prisons began their transition while being cared for in custody following their remand or conviction for their current offence, but there is no blanket policy here in scotland on which part of the prison estate those transgender inmates will be held. instead it's based on a rigorous individualised assessment of each of those inmates, carried out by the scottish prison service. lorna gordon, many thanks, i will correspond with the latest in glasgow. the head of his majesty's revenue and customs has told mps that people who make "innocent errors" are not penalised by hmrc. he said he would not comment on individual cases, but his remarks follow the controversy surrounding the conservative party chairman nadhim zahawi. mr zahawi, who paid a £5 million tax settlement, including a penalty, said he'd made a careless but not a deliberate error. jim harra of hmrc said that people who took "reasonable care" would not

be faced with penalties. 0ur political editor chris mason reports. this way to the away day. cabinet ministers, nadhim zahawi among them, had an afternoon out in the countryside today. the destination down the long drive, chequers, the prime minister's retreat in buckinghamshire. mr zahawi, seen here at the weekend, has now written to the tax authority authorising them to share his tax details with the prime minister's ethics adviser, who's investigating. the conservative party chairman has acknowledged he got a penalty and said what he did was careless, but not deliberate. helpfully, the country's top tax man was on hand this morning to explain, rather spitefully, what that means. —— rather spy kelly, what that means. —— ratherspikily.

there are no penalties for innocent errors in your tax affairs, so if you take reasonable care but nevertheless make a mistake, whilst you will be liable for the tax and for interest if it's paid late, you would not be liable for a penalty. but if your error was as a result of carelessness, then legislation says that a penalty could apply in those circumstances. back in buckinghamshire, ministers gathered to discuss the conservatives' political prospects, which look bleak, and the government's priorities. alongside the main meetings, the official pictures showed cabinet tete—a—tetes and touchscreens, but none of the party chairman, who remains in political limbo. when it comes to nadhim zahawi, or anyone else, what i believe in is due process, and that's why i appointed an independent adviser to look into the questions that have been raised, investigate the situation fully, establish the facts, and provide advice to me on nadhim zahawi's compliance with the ministerial code. i think that's the right thing to do, to ensure we have integrity in politics, but to do that in a professional way, that's what we are doing. but hang on, enter mr zahawi's predecessor as conservative chairman, who reckons he should have

been temporarily suspended. the government needs to find a mechanism for ministers and mp5 who are under investigation in this way to step aside, to cleartheir name, and then to come back into government if that is appropriate. ministers left chequers tonight, nadhim zahawi still in the dark about his future, but with many of his colleagues running out of patience as this saga about his tax rumbles on. chris mason, bbc news. the head of the train company transpennine express has apologised to passengers and admitted that services aren't good enough. transpennine, which operates across the north of england and in scotland, has been cancelling trains on a daily basis for months and some people are calling for the company to lose its franchise. it's not the only rail company under pressure. passengers across britain have suffered months of disruption on days when there's

no strike action. 0ur transport correspondent katy austin reports from west yorkshire. so eery morning i go to the kettle, and it's the first thing i do. already you're thinking, what's going on with the trains? i have to get the 7:46. hanging over rowan's morning routine is the constant worry of whether his train to work will run. how often has the train actually been cancelled recently? it's actually more a question of when its run on time. i can count on one hand within the last three to four months how often its run on time, i've gone for a train and it's been there at the time i expected it to be. it's taking a massive toll on me in terms of stress. today, unlike yesterday, the service rowan needed did arrive, albeit late. from here, the trainjourney to manchester or to leeds only takes around half an hour, but this is one place where passengers have told us the train service has become less and less reliable. cancellations across britain have reached a fresh high. in the last four weeks on record, train operator avanti west coast

was the worst performer, followed by southeastern, transpennine express, which rowan uses, and govia thameslink. but those numbers don't reflect the full picture, as trains removed from the schedule up to 10pm the night before aren't included. the industry blames covid delaying the training of drivers, staff sickness, winter weather, and the knock—on impact of a wave of strikes and an overtime ban. the government has told avanti to make urgent improvements, while labour has called for transpennine to lose its contract. i asked the operator's boss what he'd say to people facing daily disruption. i apologise. we know this business is really important to the north of england and scotland. we have a recovery plan. last week, for example, 40% of your services were cancelled. that's just not good enough. no, it isn't good enough. this week it's been much better. we have to keep training crews, we have to keep managing sickness. another issue at transpennine is drivers aren't currently working overtime shifts.

it doesn't have an agreement in place with their union. we've got more drivers than we've ever had before, but when you haven't got an overtime agreement, it's more difficult to get through the rate of training that we want to. but the union, aslef, says what's being offered isn't acceptable. they want to hide their ineptitude and their bad faith by blaming the trade union and want us to work our days off when they're behaving so badly to the people they employ. when it comes to contracts the government says all options remain on the table. transpennine couldn't specify when services will be good again. the frustration from commuters like rowan continues. katy austin, bbc news. there are new reports tonight about the future of the railways including the future of the railways including the highly controversial h s two. letsjoin the highly controversial h s two. lets join chris mason. what can you tell us? , , .

lets join chris mason. what can you tell us? , ,. ., ,, tell us? this is a massive, exoensive _ tell us? this is a massive, expensive project, - tell us? this is a massive, expensive project, the - tell us? this is a massive, - expensive project, the high-speed expensive project, the high—speed rail line that will connect london, the west midlands and the north west of england. tonight the sun are reporting that it may never reach central london, or if it does, do so much later than planned, that it won't reach euston station and instead it would start and finish in the suburbs of west london. now, strikingly, speaking to those in government, they are not denying this tonight, so what is going on here? we know the government is committed to the connection to manchester and they are repeating that tonight, but we also know there are huge cost pressures in this project in particular but more broadly in the construction sector with spiralling inflation, so some awkward questions are being asked about precisely what should happen. now, speaking to people in the sector tonight, there are some saying, look, huge amount has been committed in terms of getting this line to euston and it might

undermine the business case for the whole project were it to star in west london and potentially be much less appealing to passengers and there's all sorts of challenges as well about making that terminus work there if that were to be the end of there if that were to be the end of the line. so, some really big questions and decisions for the government to face on this, particularly if there were to be a big about turn.— particularly if there were to be a big about turn. chris mason, many thanks for the _ big about turn. chris mason, many thanks for the latest _ big about turn. chris mason, many thanks for the latest on _ big about turn. chris mason, many thanks for the latest on that, - big about turn. chris mason, many thanks for the latest on that, our l thanks for the latest on that, our political editor. in the middle east, palestinian officials say at least nine people, including a 61—year—old woman, have been killed during an israeli raid in the occupied west bank. israeli security forces say they entered a refugee camp injenin to arrest members of the armed group islamichhad, who they accuse of planning a major attack. it's been the deadliest day in the west bank for several years. 0ur middle east correspondent yolande knell reports from the scene. heavily armed israeli forces arriving in this crowded urban refugee camp.

there were explosions and gunfire in three hours of fierce battles with palestinian militants. ambulances struggled to reach the mounting palestinian casualties. still smouldering, the israeli army said it targeted islamichhad militants hiding out here acting on intelligence that they were planning major attacks. three men were killed in this house and another arrested. just coming inside, you can see how rooms have been reduced to rubble and there's still this acrid smell of burning, and i've seen a lot of blood in here. one woman on this street was killed by a stray bullet. a neighbour, aisha abu al—naj, tells me she and her family were terrified. translation: there is no safety. we're not only afraid about ourselves but about our children.

there is no safety, only fear. everyone is scared, young or old. almost every day there is a martyr. how long will this way of life last? the dead are buried quickly here. today fighters and civilians were carried off together on a tide of mourners. since the series of deadly attacks in israel last year, its military has been carrying out what it calls a "counterterrorism offensive", and the number of palestinians killed has risen rapidly. injenin refugee camp, often the target of israeli raids, people know well the taste of the bitter coffee served after funerals. as the crowd gathered here, palestinian officials announced they'd stop cooperating with israel's new far right leaders on security. the us now says it's trying to calm growing tensions. yolande knell, bbc news, jenin.

the windrush scandal, when thousands of british people, many arriving from the caribbean in the 1950s and �*60s were wrongly classified as illegal residents, is again the source of pain and disappointment. the head of the official inquiry, which reported three years ago, says that crucial recommendations have now been dropped by the home secretary suella braverman. the report had previously been accepted in full by boris johnson's government. our community affairs correspondent adina campbell reports. we couldn't get a doctor's appointment... janet mckay and her partner anthony bryan say their lives have been torn apart because of the windrush scandal. i couldn't plan any part of my life. if i needed to go up the road i had to borrow money. i couldn't work, couldn't sign on. i couldn't go to the doctors.

i had to go to a&e because i couldn't go to the dentist. there's lots of things i couldn't have done and that put a lot of stress on me. like many other victims, they are still waiting for compensation from the home office. they say the money will only repair some of the damage. but today's government announcement has caused even more resentment and distrust. in a written statement from the home secretary, suella braverman, three recommendations made in an independent review three years ago will now be scrapped. there will no longer be windrush reconciliation events, on an appointed migrants' commissioner, and no change to the role of the independent chief inspector of borders

and immigration, which could have seen increased powers. this latest announcement is a huge blow for victims and their families, whose lives have been devastated by home office mistakes and comes just months before 75th anniversary celebrations marking the windrush generation's arrival into the uk. the empire windrush brings to britain 500 jamaicans... i thousands of caribbean migrants who came to the uk from the late 1940s legally had the right to remain in the uk. but they were wrongly classed as illegal citizens because of a hostile immigration policy, which meant they were denied access to homes, jobs and nhs care. some were even detained and deported. four years on from the scandal they've only resolved less than half of the compensation claims they promised, and now they're trying to quietly drop some of the recommendations that they had accepted. glenda caesar, born in dominica, now spends most of her time helping others after experiencing first—hand the emotional and financial impact of the windrush scandal. they're not keeping to their promises. they have made the promises but then they're taking back the promises, and it seems to be something that's just happening to the windrush victims time and time again.

broken promises, confidence shattered, casting a cloud over this year's windrush 75 celebrations. adina campbell, bbc news. tomorrow marks holocaust memorial day, a national commemoration dedicated to the remembrance of the jews and others who suffered in the holocaust under nazi persecution. as the years pass there are fewer and fewer survivors from that time, and there's a fear in some quarters that the day might lose its full impact in future as the first—hand testimony of the living becomes a rare thing. 0ur religion editor aleem maqbool reports. this is manfred goldberg and his younger brother herman. during the holocaust, they were rounded up with their mother and sent to a concentration camp. he was a lovely little boy. sadly he was murdered when he was only nine years old. there was no such thing as mourning in the camps.

i still remember my mother's heartbreaking wails at having lost her little boy. nevertheless both she and i had to line up the following morning and go to work as if nothing had happened. herman was one of around 6 million jews that were murdered. this must have been october, november �*45. manfred came out of it alive and has a picture a few months after liberation with another survivor, zigi shipper. there was an incredible bond between us. it was different to friendship because of the way we initially met and bonded. as teenagers, manfred and zigi were in the same slave labour gang. zigi was interviewed in 2020 talking about the concentration camp guards. they were doctors, lawyers, engineers that were doing it.

you know, and then they went home in the evening and they sat down with their wife and children, eating their dinner and listening to music, knowing what they did daytime. butjust earlier this month, the world lost another witness when on his 93rd birthday, zigi shipper died. the worst thing that in my opinion could happen is that the holocaust begins to fade with the disappearance of survivors and becomes just a footnote in history. unbelievably, many of the members of the ss behaved to us like we were subhuman, without any feeling. children were shot, babies were thrown against the wall to smash their brains.

it's almost beyond understanding. and that can be prevented from recurring, ithink, by keeping the memory of the holocaust alive. for manfred, the best way to pay tribute to his close friend zigi is to do everything possible to ensure nothing like the holocaust ever happens again. aleem maqbool, bbc news. that report marked by the harrowing testimony of those who suffered. thousands of nhs physiotherapists in england have become the latest health service workers to join the ongoing industrial action over pay. members of the chartered society of physiotherapy are staging a 24—hour strike, but they'll

continue to provide care in the most urgent cases. 0ur health editor hugh pym has the story. striking physiotherapists on a picket line in bristol, with an energetic protest in their first ever walk—out over pay. people are stressed and burnt—out and struggling. we are not able to maintain our staff. in newcastle too there were pickets, with physios stressing their strike was about working conditions as well as pay. the people who've come out today would never take this action unless they'd absolutely been backed into a corner, but it's absolutely demoralising when you come in and you can't deliver the care that you so desperately want to for your patients because there aren't enough of us on each shift. as striking staffjoined picket lines, rehab work and community physio was disrupted. but those in critical care and working with some stroke patients did not walk out. in northern ireland, meanwhile, three health unions staged their latest action over pay,

with some nurses, ambulance and hospital support staff out on strike. further action by ambulance staff in england is set to be announced soon following the strike on monday. inside london ambulance h0, doctors, nurses and other health staff were drafted in to handle less serious cases. management said it was getting harder to organise with each strike. the strikes are very disruptive. we've pretty much spent the entire time in the last few weeks planning for each day of the strikes. but what we should actually be doing is focus on improving care for patients. there are so many things we know we need to do in response to the after—effects of the covid pandemic. there's no sign of new talks. ministers said the action was disappointing and they were keen to talk to unions about what was affordable and fair. pressure on the nhs front line has eased a bit after the intense strain at the turn of the year. ambulance handover delays at hospitals in england have fallen. one reason is that the number of patients with covid and flu arriving at hospitals per 100,000 people has come down a lot with the peak reached

around the new year. but nobody can predict what future pressure will build, or the impact of further strikes already announced for february. hugh pym, bbc news. gareth southgate has revealed that he considered stepping down as england football manager because of a "concern" that the criticism he faced before the world cup was divisive and could affect the performance of the men's team. but he said the progress showed by the squad in qatar has convinced him to stay on. he's been speaking to our sports editor dan roan. england's world cup is over! it's almost seven weeks since england crashed out of qatar 2022 after their quarter—final defeat to france. in the aftermath, manager gareth southgate admitted being conflicted over his future and now, for the first time, he's broken his silence on the decision to stay in the hot seat.

gareth, were there ever times when you felt you had perhaps taken the team as far as you could? no, i didn't feel that. if anything, the opposite. you know, i think that we're much closer now to really having that belief to win. we've still got a small step to take, and it's a privilege to do the role. so if you can identify one single thing that proved decisive in your decision to stay, what would it be? that i think we're continuing to improve as a team. i think people could see the quality of the performances and the progress that we're making. i never want to be in a position where my presence is affecting the team in a negative way, and i didn't believe that was the case, but ijust wanted a period after the world cup to reflect and make sure that was still how it felt, really. for the first time, southgate admitted that he considered stepping down over the criticism he faced

after a 4—0 defeat to hungary last summer. was that playing a major role in your thought process going into the world cup? and if so, why? because i was worried after that game that the team would be affected by the narrative being constantly about, "should the manager stay or go?" and the last thing you want as a manager is that your presence is divisive and inhibits performance. my thinking is always around, "how does this affect the team?, do we need to free that narrative up so the support is behind the team and notjust debating whether the manager should be there or not?" but i think we came through that period. southgate has reinvigorated england since taking over the job six years ago, reaching the latter stages in all three of his major tournaments, and he's now focused on next year's euros in germany. we've got to qualify first, so we can't just talk about winning a tournament until you've qualified, but i feel very confident

about our chances. we're trying to break through history here as well as against high level opponents. i feel we're really competitive against everybody now. southgate will be taking in this weekend's fa cup fourth—round matches, a competition that's increasingly important to him. a lot of the teams have been playing young english players, and for a lot of young english players it's their first experience of competitive football so that's also great to see young players breaking through. despite the disappointment of england's exit in qatar, support for the manager, from fans, players and the fa, remains strong. having decided to stay, southgate's challenge now to turn progress into the success his side have waited so long for. dan roan, bbc news. the time isjust the time is just about 10.30. then is here tonight. —— ben is here tonight. time for a look at the weather. thank you. this from one of our

weather watchers in dundee, a beautiful sunset. some showers running down along the east of scotland and eastern england, some drifting further south through the midlands to wales and the western country. some showers continuing overnight, large areas of cloud across england and wales and northern ireland and scotland seeing more in the way of clear skies, allowing temperatures to glasgow. where we have this clear slice they could be some fog patches to start tomorrow morning. tomorrow across england and wales one or two early showers if you look closely at the map. most of those will fade and it will be much drier by the afternoon with a mix of sunny spells and patchy cloud. sunny spells too for northern ireland and scotland but with the stripe of scotland working into the far north—west later in the day. 9 degrees for stornoway and elsewhere between five and eight. this stripe of cloud is the first sign of a weather front that will push south tomorrow night. the rain tending to weaken as it goes so by saturday there is not much rain left at all, just this

band of cloud across parts of wales into northern england and to the south and north