we'll have the latest on the emergency operation. also tonight, from the headquarters of bbc scotland in glasgow... the first minister tells the bbc she will serve a full term until 2026, and she intends to press ahead with plans for an independence referendum. we have the story of a man with autism and learning disabilities who's been held in a secure unit for 21 years because of a lack of community support. a review of the way english football is governed calls for an independent regulator to sort out the game's finances. and we survey the future of the scottish highlands, where the race is on to return vast areas to their natural state. and coming up in the sport on the bbc news channel, some of snooker�*s biggest names back shaun murphy over his claims that amateurs should not be allowed in professional tournaments. good evening. we start with the tragedy in the english channel, where at least 31 migrants have drowned while trying to cross from france. there are five women and two children among the dead, according to the french authorities. at westminster this evening, the prime minister borisjohnson held an emergency committee meeting to consider the government's response, while saying he was "shocked, appalled and deeply saddened" by the news. president macron said france would not allow the channel to become a graveyard and called for a joint european approach to the crisis. an air and sea rescue operation has been under way for several hours. let's join our correspondent lucy williamson in calais for the latest. well, as you say, the rescue and recovery operation has been going on here into the night, but there are very few details so far about who the victims are or why their boat sank, and there are questions already being raised in the local media here about whether it was simply bad weather, high waves or whether it might have been hit by something like a container ship. no confirmed details yet, but this town, this country is today simply coming to terms with what the government is calling a day of national tragedy. this is a tragedy that began with hope. this is a tragedy that began with ho e. ~ ., , ., this is a tragedy that began with hoe. ~ . ., ., this is a tragedy that began with hoe. ~ . ,, ., ., the hope. where are you going now? the uk. the hope. where are you going now? the uk- the water— hope. where are you going now? the uk. the water nothing _ hope. where are you going now? the uk. the water nothing to _ hope. where are you going now? the uk. the water nothing to be - hope. where are you going now? the uk. the water nothing to be afraid i uk. the water nothing to be afraid of et. uk. the water nothing to be afraid of yet. several _ uk. the water nothing to be afraid of yet. several boats _ uk. the water nothing to be afraid of yet. several boats set - uk. the water nothing to be afraid of yet. several boats set off - uk. the water nothing to be afraid of yet. several boats set off from | of yet. several boats set off from this coast at first light this morning. this one reached british shores without disaster. but a flimsy boat, dozens of desperate people, the warning signs have always been there. and today, one of these boats never arrived. translation: as far as we know, 33p per capsized of dunkirk in calais. as of now, 31 people died, but were not resuscitated and there are two survivors who are currently being treated and whose lives are also unfortunately in danger. fix, treated and whose lives are also unfortunately in danger.- unfortunately in danger. a local fisherman _ unfortunately in danger. a local fisherman "s — unfortunately in danger. a local fisherman 's spotted _ unfortunately in danger. a local fisherman 's spotted the - unfortunately in danger. a local- fisherman 's spotted the passengers fisherman �*s spotted the passengers floating motions in the water. helicopters and boats were scrambled to the scene for a rescue operation, but many had already drowned. this disaster but many had already drowned. ti 3 disaster underscores how but many had already drowned. t1151 disaster underscores how dangerous it is to cross the channel in this way, and it also shows how vital it is that we now step up our efforts to break the business model of the gangsters who are sending people to see in this way. this gangsters who are sending people to see in this way-— see in this way. this was the fear that hunt see in this way. this was the fear that hung over — see in this way. this was the fear that hung over all _ see in this way. this was the fear that hung over all the _ see in this way. this was the fear that hung over all the politics, i see in this way. this was the feari that hung over all the politics, all the debates. inside this hospital tonight, more than 30 people have been declared dead. two others are fighting for their lives. the crossing season this year has stretched well into the winter weather. it is a lucrative business for the people smugglers, but it is men, women and children who have paid the price. but people here in this calais migrant camp are so determined to reach the uk that no one we met tonight said they would change their plans. this man tried crossing yesterday, but gave up because the waves were too high. france's coastline has never been a simple to secure as the eurotunnel or the calais port. smugglers have made the most of that.— or the calais port. smugglers have made the most of that. these are for mi . rants made the most of that. these are for migrants who — made the most of that. these are for migrants who have _ made the most of that. these are for migrants who have been _ made the most of that. these are for migrants who have been coming - made the most of that. these are for| migrants who have been coming from their country and they have spent months and months to come here. and they are so close to their dream. many more migrants arrived in the uk today, good publicity for the people smuggling rings. but it often takes many attempts, and those who have capsized before have told me what it's like waiting in the water for help to arrive. one thought in their minds as the minutes tick by — what if it doesn't get here in time? four suspected people smugglers believed to have been linked to this crossing have been arrested, french officials say. but for all the arrests and all the deterrence over the months and years, there is no shortage of customers for this industry and i have spoken to many people of this year who have had to be rescued themselves from the channel, and they keep trying. find themselves from the channel, and they keep trying-— themselves from the channel, and they keep trying. and i think that's a treat they keep trying. and i think that's a great deal- _ they keep trying. and i think that's a great deal. lucy _ they keep trying. and i think that's a great deal. lucy williamson, - they keep trying. and i think that's a great deal. lucy williamson, our| a great deal. lucy williamson, our correspondent _ a great deal. lucy williamson, our correspondent who _ a great deal. lucy williamson, our correspondent who is _ a great deal. lucy williamson, our correspondent who is monitoring l correspondent who is monitoring events in calais. only yesterday, the home secretary priti patel said further talks were taking place between the uk and france to try to stop the crossings. so far this year, an estimated 25,600 migrants have crossed the channel to the uk, more than three times last year's figure. our home editor mark easton reports. the lucky ones made it, dozens of migrants, men, women and children reached the coast of kent today, oblivious to the tragedy in their wake. this year has seen record numbers crossing the channel in small boats, more than 20 5000, three times the number in 2020. there aren't more asylum seekers asking for sanctuary in britain, it isjust asking for sanctuary in britain, it is just that increased security and covid have combined to make traditional routes by road, rail and air much less viable, so the smugglers and the migrants have switched to the most precarious root of all, in tiny craft through one of the busiest shipping lanes in the world. the united nations international organisation for migration has been trying to keep track of the deaths in the channel, counting between eight and 30 people drowned each year since 2014. before today, the figure for 2021 was at 15. now looks certain to be their worst year on record. so how should politicians respond? there are two strategies, to make it easierfor the migrants, or to make it harder. the government believes the answer is to get tough describing all those who come to the uk through unofficial routes as illegal migrants, limiting their rights and making deportation easier and quicker. one plan had been to use border force vessels physically to push migrant thingies back into french waters. but this tragedy will reignite concerns for the safety of those on board small boats. the time has come to — those on board small boats. the time has come to make _ those on board small boats. the time has come to make sure _ those on board small boats. the time has come to make sure there - those on board small boats. the time has come to make sure there are - has come to make sure there are people on the beaches from the uk, from france and from other european countries to make sure there are sufficient patrols to stop the boats leaving, to make sure they are turned around while they are still close to french waters.— close to french waters. charities and campaigners _ close to french waters. charities and campaigners argue - close to french waters. charities and campaigners argue that - close to french waters. charities and campaigners argue that the | close to french waters. charities - and campaigners argue that the only long—term solution is to provide official safe routes to the uk for all those fleeing war and persecution, while the home office proposes more pathways from refugee camps. the red cross is among those who believe the uk should open its borders and its hearts. we who believe the uk should open its borders and its hearts.— borders and its hearts. we need to do two things. _ borders and its hearts. we need to do two things, to _ borders and its hearts. we need to do two things, to create _ borders and its hearts. we need to do two things, to create safe - borders and its hearts. we need to do two things, to create safe and l do two things, to create safe and legal routes for people to get here through planned resettlement programmes and family reunion, and we also need to have a safe and fair asylum system here so that people, when they have made theirjourneys, can claim asylum and be fairly assessed. can claim asylum and be fairly assessed-— can claim asylum and be fairly assessed. ~ ., , , , assessed. we need to be disrupting the business _ assessed. we need to be disrupting the business models _ assessed. we need to be disrupting the business models of _ assessed. we need to be disrupting the business models of these - assessed. we need to be disrupting the business models of these vile i the business models of these vile people _ the business models of these vile people away from the coast and we need to— people away from the coast and we need to look at properly managed safe routes. need to look at properly managed safe routes-— safe routes. politics often gets in the way when _ safe routes. politics often gets in the way when searching - safe routes. politics often gets in the way when searching for - safe routes. politics often gets in - the way when searching for long-term the way when searching for long—term cooperative answers to these international challenges, but amid the grief, there is a hope that today's tragedy may prove to be a catalyst in finding commitment and agreement across borders. mark easton, bbc news. here in scotland, the first minister has told the bbc today that she has no intention of standing down, and she signalled her intention to remain in post until at least the end of the parliament in 2026. nicola sturgeon said she intended to present legislation to the scottish parliament which would allow for a independence referendum before the end of 2023, a national vote that could need the agreement of westminster. the first minister was speaking to our political editor laura kuenssberg. the view from the top, from the desk of a politician who wants to stay there. nicola sturgeon was already in charge before brexit, before borisjohnson in number ten and certainly before a world emergency she's still grappling with now. we are in a position in scotland right now, and i say this with some trepidation because we know how unpredictable this virus still is, cases have stabilised, they're slightly declining. the position, though, remains precarious. i know a lot of scots are wondering why people can go to nightclubs, but they can't see their kids in a nativity play. there is no 100% perfect logic to this. some governments across europe right noware faced again with invidious decisions. and those decisions are still around, but the end of the pandemic is important to you for political reasons. you would like to move to another independence referendum after the pandemic. now, what is after the pandemic? how do you define that? as we come out of the acute phase of this pandemic, then recovery from the pandemic does bring very much to the fore and into focus what kind of power our government has, what ability people in scotland have to choose the direction of the country. many of your supporters see independence as an urgent question, but you can't tell them when. just be straight about that. laura, there's a reason i can't tell them. my duty, the duty of any leader in any country right now is to navigate our way through this pandemic. yet the exact timetable of another vote's hazy. despite her undoubted dominance, polls suggest enthusiasm for independence is waning and doubts about her own future have crept into the political conversation. when it comes to the question of independence, isn't the truth of it that you're a bit stuck? the country is stubbornly divided too much 50—50 on this. the country is stubbornly divided 50—50 on this. polling suggests enthusiasm for independence has faded. no, it doesn't. but it's fallen back, there's a 3% gap average in the last six months. it's always roughly 50—50. occasionally the polls are slightly above, sometimes slightly below 50%. do you ever worry that you've missed the moment? no, no. a lot of people have wondered if your mind has been turning to your own future. will you guarantee you'll lead the party at the next holyrood election? i will fulfil the mandate i have been given to govern as first minister for this term of the scottish parliament. and beyond that? i almost take the wishful thinking of my opponents on this as some unintended compliment. it's almost as if my opponents have concluded they can't beat me or remove me from office themselves, so they're kind of crossing their fingers and hoping that i'll remove myself from office. but they're going to be really disappointed, because i'm going to be around a lot longer. in an interview, you talked about writing your memoirs. i'm not a robot. people ask me questions. what are you going to do after politics? i am 51 years old. i have no intentions of going anywhere as first minister, but i hope think i will be relatively young when i get to the point of contemplating other things. after 2026, that's a different question, but nicola sturgeon is far from ready to abandon the desk, at least not yet. laura kuenssberg, bbc news, edinburgh. i'm joined now by our scotland editor, sarah smith. lots of interesting exchanges there. let's talk about the road to a referendum. what does that road look like? . ., ., referendum. what does that road look like? _, ., ,, ., referendum. what does that road look like? ., ,, ., , , like? nicola sturgeon says she is absolutely determined _ like? nicola sturgeon says she is absolutely determined it - like? nicola sturgeon says she is absolutely determined it will - like? nicola sturgeon says she is - absolutely determined it will happen before the end of 2023. to make that happen she has to introduce legislation in the scottish parliament but that would almost certainly be challenged by the uk government who will say the scottish parliament just doesn't government who will say the scottish parliamentjust doesn't have the power to authorise a referendum, so that will become a legal battle that would end up in the supreme court, they will have to decide that one. there is also a significant political issue for nicola sturgeon, which it is far from guaranteed the snp would win an independence referendum if they have won in the next couple of years. she knows she needs to make a brand—new case for independence. since the last vote we had brexit, the pandemic and the economic argument has completely changed. in 2014 there were point receipts from north sea oil but now it's clear an independent scotland can't base its economy on fossil fuels so there is a lot of work to do in scottish government and the wider independence movement to come up wider independence movement to come up with a really detailed proposition that could convince voters they would be better off leaving the united kingdom. sarah smith, is in _ leaving the united kingdom. sarah smith, is in correspondence, - leaving the united kingdom. sarah smith, is in correspondence, thank you. —— scotland correspondence, thank you. a man with autism and learning disabilities has been held in a secure unit for 21 years because of a lack of support in the community. a seniorjudge has criticised the authorities for outrageous delays in handling the case. bbc news has now succeeded in getting a court order lifted, allowing us to name tony hickmott, who's 44. his case is by no means an exception. the latest figures show there are more than 2,000 patients with learning disabilities or autism in similar situations across england. bbc news has learned that at least 100 of them have been held in secure settings for more than 20 years. our correspondentjayne mccubbin has been to meet tony hickmott s parents, who've taken their fight to the court of protection to get their son back. nine months... he'd be away for nine months until they found him a suitable place in the brighton area. that's what we was told. but it's far from the truth. he's lived there longer now than he's lived at home. you can't take that trauma away. onjune 29th, 2001, pam and roy's son tony was detained under the mental health act. like many young people with autism and a learning disability, he'd struggled to cope as he became an adult. i love you... i love you, too, tony. he's now lived in an atu — an assessment and treatment unit — for almost 21 years, 100 miles from his family. the bbc has had to go to court to tell you tony's story. his family have had to go to court to try and bring him back to brighton. one week runs into a month, a month runs into a year. then that year went, then another year went. we'd travel back sometimes and we'd pull in and we'd both sit down and cry. i mean, i come home and i've got pam, she's got me. he's got nobody. atus are designed for short—term stays in a crisis. the problem here is not tony, but the system. psychiatrists have said he's been fit for discharge since 2013. this month, the family went to the court of protection to try and break the deadlock. there, a judge said the delays facing tony have been egregious, but the progress made to date has been glacial. the judges told them to get on with it, right, we've only got this limited time. they're still not doing it. we're still fighting over money. the seniorjudge took the unusual step of lifting the anonymity order because she said she had no doubt tony's case was in the public interest and it was clear that a lack of resources had left him detained for so long. tony's care right now is funded by the nhs, but ongoing support in the community will have to be paid for by his council, who told us... they're working with the nhs and tony's family to find other options. it's a decade since bbc cameras captured the neglect and abuse of people with learning disabilities in winterbourne view. that prompted the government to set targets to move people into real homes with appropriate support, but those targets have been missed repeatedly. ultimately, these settings should not exist. it's just appalling. the people are not criminals. they have not got sentences through the criminaljustice process. they are stuck in services just as people used to be stuck in long—stay institutions. nhs england told us they are continuing to work to find the highly specialised support required. the judge has ordered authorities finally find a plan to bring him back to brighton by may next year. tony's wait continues. when we visited tone, when we're leaving, he pushes his face up to the window and watches us till we disappear. i can't look back. what have they done to all of us as a family? they've destroyed us. oh, dear. jayne mccubbin, bbc news. a review of the way football is governed in england has concluded that an independent regulator is needed to put the sport on a sounder financial footing and to give fans more say in the way their teams are run. the review — led by former sports minister tracey crouch — was set up after six big premier league clubs tried to form a breakaway european super league while at the same time, many clubs in lower divisions were experiencing severe financial problems. our sports editor dan roan has the story. it's the most popular sport in the country, but with clubs going bust and after the threat of a breakaway, scrutiny on football has intensified. and tonight, the woman tasked with a landmark review of the english game told me it was time for radical reform. we've seen football lurch from crisis to crisis over the last decade or so and unfortunately we haven't necessarily had the right levels of regulation in place to stop that crisis from happening. i think we've reached a point where people are saying no more. crucially, crouch wants a powerful independent football regulator that would have stopped the attempt by the premier league's big six earlier this year tojoin a european super league. overseeing financial regulation, it could even block spending by owners deemed to be irresponsible. is there a danger, though, that it makes investing in clubs here a less attractive proposition? i don't believe that anything that i do, or i've recommended in this report, will deter investors from operating in english football. if anything, i think it would encourage investment, because we will have better regulation in place. the regulator would enforce a beefed up owners and directors test for new buyers. other proposals include a transfer levy to get more money from the premier league to the rest of the game, reform of parachute payments to relegated clubs, and fan empowerment through shadow boards and a so—called golden share. that would mean supporter consent needed over key decisions such as a change of club name or stadium relocation, unlike in the past when wimbledon was infamously moved to milton keynes. this also comes too late for bury, which two years ago ceased to exist after a financial collapse, to the dismay of its fans. it was a big part of their lives, and to have those habits and routines just broken almost overnight, it's had a real detrimental effect, notjust on the economics of the area, but also on people's mental health. and this season, a championship club that twice won the first division title in the 70s also fell into administration. derby county for many is sadly emblematic of a broken and unsustainable club system — one that encourages too many to overspend in the pursuit of promotion and which shows why radical change is now needed to the way that clubs are both financed and run. criticised for allowing the controversial recent saudi takeover of newcastle united, the premier league said tonight that reforms mustn't damage the game. but with the government likely to support crouch, football seems set for momentous change. dan roan, bbc news. let's take a look at the latest pandemic figures for the uk. they show there were more than 43,500 new infections recorded in the latest 24—hour period. that's 5,000 cases more than last wednesday. on average, there were 43,296 new cases reported per day in the last week. 149 deaths were recorded — that's of people who died within 28 days of a positive covid—19 test. on average in the past week, 132 covid—related deaths were recorded every day. and on vaccinations, more than 16 million people have now had their booster injection — which is more than 27% of the population aged over 12. a jury in the us state of georgia has found three white men guilty of murdering a black man as hejogged in the city of brunswick last year. the killing of ahmaud arbery, along with that of george floyd in minneapolis, helped inspire the black lives matter movement. the three men claimed they were defending themselves while trying to perform a citizens�* arrest on mr arbery, who they said "looked like a burglar". our correspondent aleem maqbool reports. there have been times when this moment seemed a very distant prospect. we the jury find the defendant, travis mcmichael, guilty. 0h, woo! the shout of relief came from the father of ahmaud arbery, who was shot dead in february of last year. two others were also found guilty of murder. they had all seen 25—year—old ahmaud running through their neighbourhood and claimed he'd fitted the description of a crime suspect. they chased him and killed him. during the trial, the man who fired the fatal shots, travis mcmichael, was the only one of the three to take to the witness stand. ishot him. why? he...j he had my gun. he struck me. it was obvious that he was... it was obvious that he was attacking me. that if he would've got the shot gun from me, then it was a life or death situation. his justification was that he killed in self—defence, but of course that was only after he, his father and a neighbour had chased ahmaud arbery in their pick—up trucks for five minutes. ahmaud's family waited more than ten weeks and had to rely on public pressure for the police to even make any arrests. i never thought this day would come. but god is good. yes, he is. and i just want to tell everybody, thank you, thank you, for those who marched, those who prayed, most of all the ones who prayed. yes, lord. thank you, god. thank you. there may still be questions about the way the police behaved after this killing. questions about the underlying issues surrounding race in this society that contributed to the killing. but for now at least, all of those who for months have been calling forjustice for ahmaud arbery, there isjust a huge sense of relief. aleem maqbool, bbc news, in brunswick, georgia. in tonight's champions league action manchester city qualified for the knock—out stages with a 2—1 win over paris st germain and liverpool, who were already through, beat porto 2—0. andy swiss watched the action. a night of intrigue at the etihad, manchester city facing paris st germain, whose manager mauricio pochettino is one of the favourites for the vacant manchester united post, but his currentjob soon seemed tricky enough. city dominated the first half. riyad mahrez went close. ilkay gundogan even closer, so near, but still goalless at the break. after it, though, psg's stars finally struck, lionel messi finding kylian mbappe with thumping results. against the run of play, the visitors were ahead, but not for long as city thrillingly stirred once more, and this time they made it count, raheem sterling transforming the mancunian mood. excited? just a bit. so could city find a winner? well, with 15 minutes left, gabrieljesus provided the perfect answer. jesus scores! a 2—1 win for city, sealing their qualification in exhilarating fashion. as for liverpool, with top spot in their group already guaranteed, they eased to a 2—0 win against porto, a stunner from thiago and anotherfrom mo salah. all four english teams into the knockout stage, then. could it once again be their year? andy swiss, bbc news. tonight's bbc news at ten is brought to you from glasgow, from the headquarters of the bbc in scotland. this is pacific quay, which opened in 2007, and is home to bbc scotland's television, radio and online services, covering all aspects of national life. one of those crucial aspects is the future of the scottish highlands. vast areas of the countryside are being bought by wealthy individuals, keen to return the land to its natural state. they want to introduce the process of "rewilding" and to stop what they consider ecological degradation, deforestation, and the loss of bio—diversity. our special correspondent allan little has been investigating. there is a juniper bush appearing and right down here we have a rowan that has got its orange autumnal colours on it there. across hundreds of thousands of acres, some of scotland's landowners are changing the way they use land. this is glenfeshie, where most of the deer have been culled. do that and tree and other plant life comes back naturally. habitats and ecosystems lost to grazing for centuries are reseeding — insects, birds and mammals should follow. none of this is planted. this is all natural regeneration. that is why we have a 200—year vision to get this whole debate away from the here and now, me and you, them and us. it's a 200—year vision. we are not going to be here. this is for future generations. the aim is to undo the ecological degradation inflicted by previous generations. the victorians romanticised this land as wild and unspoilt, but they turned much of scotland into shooting estates. deer for stalking laid waste to native plant and tree life. my own grandfather was a gamekeeper on a lowland estate from the 1930s to the 1970s and this is the game book from the estate. it is a meticulous record of every shoot that took place and it begins in 1847, just at the period when the victorians were turning so much of scotland over to bloodsport estates. this seems to me to be a historical artefact that bears witness to a period when human beings really thought they could bend nature to their own will to satisfy not just their need for food but also their desire for recreation and entertainment. in an age of climate crisis, can the grouse moors survive? estate managers say their land is a carbon sink where the peatland, if managed properly, locks huge quantities of carbon in the ground. this idea that nothing else happens apart from grouse shooting on grouse moors is just not true. you know, what you see is a balanced approach to managing the landscape so that you can give the best possible chance for a wild bird to thrive, and it is only the surplus which are shot. and country sports, yes, it's a pleasure in the same way that golf and hill walking and other things which happen in scotland and are celebrated are. people come from all over the world because scotland has the best grouse shooting globally and that is something we should celebrate. but the rewilders believe they are turning the page on the victorian legacy and redefining scottish land use for the climate age. there are several big renaturing projects over hundreds of thousands of acres, mostly driven by the private passions of billionaire landowners, sometimes called the green lairds. we know these landscapes are socially unjust because of the concentration of land ownership, the land inequality, so i see a lot of the landlord—driven, the green—laird driven restoration and rewilding projects as only really dealing with a small part of the problem in these landscapes. i want to see environmental restoration that also deals with the socialjustice issues of these landscapes. but for now, just as in the victorian age, it is private landlords with the power of their private