Rabu, 21 Desember 2022

Killamarsh murders: Damien Bendall given whole-life order - BBC

Photos of the deceasedDerbyshire Police

A man who murdered his pregnant partner, her two children, and another child has been sentenced to a whole-life prison term.

Damien Bendall killed his four victims with a claw hammer at a house in Derbyshire in 2021.

He pleaded guilty to murdering Terri Harris, 35, her son John Bennett, 13, daughter Lacey Bennett, 11, and Lacey's 11-year-old friend Connie Gent.

He also pleaded guilty to raping Lacey.

Bendall, 32, admitted the charges at Derby Crown Court on Wednesday, where he was sentenced by Mr Justice Sweeney.

He was given a whole-life order, meaning he will never be released from prison, except in exceptional compassionate circumstances.

Mr Justice Sweeney told him: "As the prosecution have said, you carried out vicious, brutal and cruel attacks on a defenceless woman and three young children, during which you went around the house attacking them."

'Stood no chance'

Ms Harris and the children were found dead at a house in Chandos Crescent, Killamarsh, on 19 September, having been killed on the evening of 18 September.

"The defendant attacked them using a claw hammer which he used to hit them over the head and on the upper body," prosecution barrister Louis Mably KC told the court.

"It was perfectly clear none of the victims stood a chance."

Bendall in police bodycam footage
Derbyshire Constabulary

Mr Mably told the court Bendall and Ms Harris had been in a relationship, having met on a dating app after her relationship with her children's father ended.

Police arrived at the house on the morning of 19 September, having been alerted by Bendall's mother, as he told her he had stabbed himself.

In police bodycam footage played to the court, he could be seen speaking to officers outside the house, telling them calmly, "I've murdered four people", and "I'm not going back to prison".

Police initially did not believe him, Mr Mably said, but an officer found all four bodies when he went inside.

He found John first, lying naked on the floor of the bathroom, as he had been due to have a shower before Bendall attacked him.

He then found Ms Harris and her daughter in the main bedroom. Terri was on the floor but Lacey was on the bed.

Bendall in police bodycam footage
Derbyshire Constabulary

Forensic evidence indicates that Bendall attacked and raped Lacey downstairs before moving her upstairs, where he raped her again.

He also used some kind of ligature around her neck, and this contributed to her death along with the head injuries.

Connie, who was stopping with Lacey for a sleepover that night, was found dead in another bedroom.

Bendall, who the court heard was under the influence of cocaine and cannabis, left the house after the murders, taking John's games console with him in order to sell it for drugs.

He was arrested and taken to hospital, but the wounds he had inflicted on himself only required stitches.

He was then interviewed by police, telling them: "I used a hammer. I did not realise what I did until I walked into my room and saw my missus and my daughter."

He knew Ms Harris was pregnant when he killed her, because he also told police: "Bet you don't usually get four murders in Killamarsh do you? Well I mean five 'cause my missus was having a baby."

Damien Bendall
Derbyshire Constabulary

Victim personal statements from relatives of the victims were read to the court by the prosecution.

Angela Smith, Ms Harris's mother, said: "Terri, Lacey and John meant the world to me and were the most precious people in my life. Not being able to give them a kiss and a hug and tell them I love them breaks my heart."

She recalled her grandchildren telling her they were scared of monsters when they were younger.

"I told them there's no such thing as monsters, but how wrong I was," she said.

Jason Bennett with his children
Facebook

Jason Bennett, John and Lacey's father, said their murders had "destroyed and taken my life away".

"I am living in a continual nightmare," his statement said. "I have a story in my head of how they died, I live their trauma and feel their pain; it feels like a recurring punishment."

He recalled how Lacey and Connie had been selling sweets for charity on the day they died, describing his daughter as "kind and caring".

"John would not hurt a fly, literally. If he saw an insect he would carefully put it outside," he said.

Charles Gent, Connie's father, said his daughter's murder had "completely torn my life apart".

"The man who carried out the crimes can only be described as truly evil and should never be free from incarceration, just like the families of the victims in this case will never be free from their life sentence as a result of the shocking and abhorrent crimes he committed on a defenceless woman and children," he said.

Lacey and Connie
Family photo

During the sentencing hearing the Crown Prosecution Service (CPS) made representations that the whole-life tariff was necessary.

This was agreed by Bendall's defence barrister, and Bendall himself.

Defence barrister Vanessa Marshall KC said: "His instructions are clear that nothing but a whole-life order is warranted for taking, as he did, these four young lives away, and in such awful circumstances."

Bendall previously pleaded guilty to four counts of manslaughter but denied murder and rape, meaning he was due to stand trial for these offences before he changed his pleas.

"Bendall's defence put forward theories that his judgement was psychologically impaired," said Andrew Baxter, deputy chief crown prosecutor.

"Throughout the process, the CPS instructed its own medical experts to assess whether the arguments had merit, which they did not.

"When all medical angles had been exhausted, the evidence that he had murdered all four victims with no impairment to his actions was overwhelming and Bendall admitted all charges."

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2022-12-21 16:59:29Z
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Ambulance strike: union accuses Steve Barclay of 'blatant lie' about paramedics - The Times

Sharon Graham, Unite’s general secretary, has accused the health secretary of lying in a newspaper article published this morning.

Steve Barclay wrote in The Daily Telegraph that ambulance workers had “taken a conscious choice to inflict harm on patients”.

Graham described this as “a blatant lie”, adding: “The unions have negotiated critical cover, including 999 calls, at a local level with hosts of NHS trusts. That is how it is done.

Sharon Graham said the health secretary had “lost all credibility”

Sharon Graham said the health secretary had “lost all credibility”

JACOB KING/PA

“Stephen Barclay obviously doesn’t understand how these issues are dealt with in the NHS. That is an embarrassment for him and the government. He has now lost all credibility. Clearly he isn’t the man for the job.”

Are ambulances on strike in my area? Check which trusts are striking
UK strike dates:

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2022-12-21 16:20:00Z
1707475855

Ambulance workers stage mass walkout - as NHS leaders say they cannot guarantee patient safety - Sky News

Thousands of ambulance workers in England and Wales are going on strike today - with NHS leaders warning that they cannot guarantee the safety of patients.

Speaking to Sky News, Health Secretary Steve Barclay said the system would be "under severe pressure" due to the strike, and urged Britons to use "common sense in terms of what activities they do".

He accused trade unions of choosing a time for the strike when the NHS is already facing winter pressures due to flu, COVID and other illnesses.

The strikes, involving around 25,000 staff, are taking place after last-ditch crisis talks between Mr Barclay and unions failed to address the issue of pay.

Share your story about how the ambulance strike is affecting you

Unison's strike is running from noon until midnight, while the GMB action began at 12am and will also run until midnight this evening. Unite's strike began at midnight and will conclude at midday.

It is expected that all Category 1 calls (the most life-threatening, such as cardiac arrest) will be responded to during the strike action today, while some ambulance trusts have agreed exemptions with unions for specific incidents within Category 2 (serious conditions, such as stroke or chest pain).

More on Strikes

It means those who suffer trips, falls or other non-life-threatening injuries may not receive treatment.

Mr Barclay said some decisions about what will be covered during strikes by ambulance workers today will be taken on the day.

Asked why there was not a national contingency plan in place for the industrial action, he told Sky News: "The difficulty with putting contingency measures in place is given the uncertainty as to what exactly is and is not being covered, and the fact that those decisions in some cases will be taken on the day."

"But it's also the case that even what's referred to as Category 3 urgent calls are often very serious as well. So we're doing all we can with NHS colleagues to put in place contingency measures."

About 600 members of the army, navy and the RAF have been drafted in from across the country to help during the walkouts, some of whom have never driven the vehicles before.

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'I cannot express how bad it is' - paramedic

Ahead of the industrial action, the unions had called on the government to make an offer on pay and suggested an agreement could be reached.

While Onay Kasab, from Unite, warned after the meeting that ambulance strikes would "escalate" unless the government agreed to negotiations.

"Our members are absolutely determined to win not just the pay battle but to win the battle to save the NHS," he said.

Mr Barclay said: "Further pay increases would mean taking money away from frontline services at a time when we are tackling record waiting lists as a result of the pandemic."

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Public 'will act sensibly' during strike

Writing in The Telegraph, the health secretary added: "We now know that the NHS contingency plans will not cover all 999 calls. Ambulance unions have taken a conscious choice to inflict harm on patients."

But Rachel Harrison from the GMB union hit back, telling Sky News: "I actually think that's a really insulting statement to our key NHS and ambulance workers. They've not made a conscious decision to put lives at risk.

"They've made a conscious decision to stand up for what they believe is an NHS that is crumbling beneath their feet and as they're watching thousands of their colleagues leave the service every year because of poor pay and poor working conditions and a feeling of being unable to deliver the safe standards of patient care that they want to.

"That's why they're making this conscious decision and it is insulting to say that they're doing this to put people at risk."

Read more:
Strikes every day before Christmas - which sectors are affected and why
How A&E and other NHS services will be impacted

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NHS Confederation chief executive Matthew Taylor said: "We have reached the stage where our leaders feel it's necessary to say they cannot guarantee patient safety, they cannot avoid risks as these strikes unfold."

The strike action comes a day after ambulance and hospital trusts across the country declared critical incidents as a result of "sustained" and "unprecedented" pressure on services.

Meanwhile, nurses across the country went on strike for a second day yesterday.

Royal College of Nursing chief Pat Cullen has confirmed that nurses will announce post-Christmas strikes by the end of the week unless the government agrees a deal on pay.

She warned Mr Sunak that the "clock is running" for him to enter negotiations to prevent further action.

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Strikes: 'Critical incidents' declared

Yesterday, health minister Will Quince urged people to think again about contact sports and avoid running on icy roads during the ambulance strike.

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2022-12-21 07:30:00Z
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The two sides of Scotland's gender law debate - BBC

Ellie Gomersall

The diamond grass of Cathkin Park is glinting in the winter sun as Ellie Gomersall reflects on something intensely personal - her identity.

It is a bitterly beautiful December day on the south side of Glasgow and Ms Gomersall, 23, is telling us about "coming out" as a woman.

It was, she says, "a really happy, joyous moment" thanks to the support of friends and family.

But the bureaucracy she then encountered was less enjoyable.

Ms Gomersall describes a lengthy - and continuing - wait to be seen at a gender identity clinic, and a struggle to accumulate the paperwork required to demonstrate to the world that she is not a man.

"I often joke that the hardest thing about being trans is the admin," she says with a wry smile.

Ms Gomersall is currently president of the National Union of Students Scotland, although she is speaking to BBC News in a personal capacity.

Nearly five years after "coming out," she has been able to amend her passport and driving licence which now reflect her preferred identity, listing her sex as female. Her birth certificate, however, still records that she was born male.

If she were to marry or die any time soon the marriage or death certificates also would state that she was a man.

That means, she says, that at present "I can't guarantee that I'll have dignity in death".

supporters of the bill
PA Media

For the past 17 years, the process for changing sex on a birth certificate has been set out in the Gender Recognition Act 2004, enacted by the Westminster parliament in April 2005.

Applicants must first obtain a gender recognition certificate, the criteria for which are detailed in the legislation.

The current requirements in UK law for a gender recognition certificate are:

The Scottish government - led by the Scottish National Party but also including ministers from the Scottish Green Party, of which Ms Gomersall is a member - wants to remove some of those hurdles, making the process quicker and easier.

If the Gender Recognition Reform (Scotland) Bill becomes law, it would include these changes:

  • The age limit for applications will be cut from 18 to 16
  • The requirements for medical reports, including a gender dysphoria diagnosis, will be dropped
  • The period applicants are required to live in their acquired gender will be reduced from two years to three months (and, after an amendment to the legislation was accepted by ministers, to six months for 16 and 17-year-olds)
  • The addition of a three month "reflection period" before a gender recognition certificate is issued
  • Applications will be handled by the Registrar General for Scotland instead of the UK panel

Ms Gomersall is a strong supporter of the legislation, which she says would make her life easier and more dignified.

She argues that gender identity should not be a matter for the state.

"I think ultimately the only person who can really describe my own identity, my own gender is me," she insists.

She explains that she has been unable to change her birth certificate because she has been unable to acquire a gender recognition certificate - because she has been unable to obtain an initial appointment, let alone a diagnosis of gender dysphoria or the required medical reports, at Glasgow's Sandyford gender identity clinic, one of four such facilities run by NHS Scotland.

JK Rowling
JK Rowling

The Scottish government has attempted to present the bill as an administrative tidying-up exercise designed to simplify and streamline the process in a manner which is "more respectful of the privacy and dignity of trans men and women".

Opponents of the bill - led by the author JK Rowling - feel it goes much further than that.

The Harry Potter creator set out her concerns in detail two years ago in a 3,700-word post on her website.

The Scottish government's plans, she wrote, "will in effect mean that all a man needs to 'become a woman' is to say he's one".

In the article, Ms Rowling expressed sympathy with vulnerable trans people who "need and deserve protection", and said she wants trans women to be safe.

"At the same time, I do not want to make natal girls and women less safe.

"When you throw open the doors of bathrooms and changing rooms to any man who believes or feels he's a woman - and, as I've said, gender confirmation certificates may now be granted without any need for surgery or hormones - then you open the door to any and all men who wish to come inside. That is the simple truth."

Supporters and opponents of the bill outside the Scottish parliament
PA Media

Ms Gomersall disagrees, insisting "all this process does is it changes your birth certificate - and no one checks someone's birth certificate before they access a single sex space. This legislation has no impact on single sex spaces."

Ms Rowling and her fellow critics of the bill are far from satisfied by such assurances.

When, in October, the writer posted on Twitter a photograph of herself wearing a T-shirt which described First Minister Nicola Sturgeon as a "destroyer of women's rights" it was a reminder that two of Scotland's most successful women are now pitted against each other in one of the great moral debates of our time.

"I feel we're currently waging a cultural war between what I would see as authoritarians and liberals," Ms Rowling told her fellow feminist, the journalist Suzanne Moore, earlier this month.

Ms Sturgeon responded to the T-shirt criticism by urging respect and insisting that the bill neither gave any additional rights to trans people nor took any rights away from women.

"It is men who attack women and we need to focus on that, not on further stigmatising and discriminating against a tiny group in our society that is already one of the most stigmatised," she told BBC Radio Scotland.

"I say this as a passionate life-long feminist, and I have spent much of my life campaigning for women's rights."

The proposal has also been controversial within the SNP leader's own party leading to the resignation of community safety minister Ash Regan as part of the biggest rebellion since the party came to power at Holyrood.

First Minister Nicola Sturgeon in parliament
PA Media

Ms Rowling's tweet criticising the SNP leader was in support of a organisation called For Women Scotland who describe themselves as "working to protect and strengthen women and children's rights".

Over coffee in an Edinburgh cafe, the group's co-director Susan Smith told me she was particularly concerned about the potential effect of this "massive social change" on young people.

"In other countries, they are halting the use of puberty blockers and cross-sex hormones for people under 18 because we are starting to see some really severe physical side effects," she said.

Ms Smith said Scotland was going in the opposite direction, and warned about the impact of these treatments.

She said young people's perception of their gender was probably in flux until they were in their twenties.

And she described the "total acceptance of the premise that sex is not real and that it's a feeling" as an "extremist position".

"I think that some of the ideas in this, especially about people having been born in the wrong body or having female brains... are profoundly sexist, because they suggest there's a way to be a woman and a way to be a man."

Susan Smith

Even the United Nations has now become embroiled in the debate, with two UN experts giving contradictory evidence to MSPs about the law's potential impact.

Reem Alsalem, the UN's special rapporteur on violence against women, told members of Holyrood's equalities committee that introducing gender self-identification could see violent men taking advantage of loopholes "to get into women's spaces and have access to women".

But Victor Madrigal-Borloz, the UN independent expert on sexual orientation and gender identity, insisted there was "no evidence" that "maintaining complexity in the process of recognition of gender identity would be an effective safeguard".

Even if the bill becomes law that may not be the end of the matter, as the UK government has been making noises about challenging the legislation.

One potential avenue for doing so is the interaction between gender recognition certificates issued in Scotland and equalities law, which is reserved to Westminster.

Last week Scotland's Court of Session ruled in favour of the Scottish government over its intention to include trans people in the definition of women in terms of female representation on public sector boards.

Lady Haldane concluded that for the purposes of the 2010 Equalities Act the meaning of sex was "not limited to biological or birth sex."

Oppenents of the bill
Getty Images

For Women Scotland, which brought the case, says the ruling reveals that a gender recognition certificate effectively counts as a change of sex under the Equality Act. It says this could open up women-only spaces such as changing rooms and refuges to trans people, potentially putting women at risk.

Supporters of the bill insist that is a misreading of the ruling.

Another potential challenge the UK government could mount would be to argue that recognising Scottish gender recognition certificates elsewhere in the UK could breach the Scotland Act 1998, which established devolution, if Holyrood were seen to be legislating beyond its borders.

On Monday, Scotland's social justice secretary Shona Robison and the UK's women and equalities minister Kemi Badenoch held a virtual meeting to discuss the British government's concerns.

While acknowledging that there were very different views on the subject in London and Edinburgh, the UK government nonetheless described the discussion as "constructive" and the Scottish government said both sides had agreed to continue to work together.

Aileen McHarg, professor of public law and human rights at Durham University's Law School, said there was a third route which opponents of the bill might go down: a challenge under Article Eight of the European Convention on Human Rights (ECHR), which codifies a right to respect for privacy.

But, said Prof McHarg, supporters of the bill could also mount a human rights challenge if there was a blanket refusal to recognise Scottish-issued gender recognition certificates elsewhere in the UK.

She told the BBC: "This is going to be very messy whatever happens."

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2022-12-21 06:16:17Z
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Selasa, 20 Desember 2022

'Series of gross errors' during 'incorrect manoeuvre' led to Shoreham Airshow deaths - coroner - Sky News

Eleven men who died in the Shoreham Airshow plane crash in 2015 were unlawfully killed, a coroner has ruled.

Coroner Penelope Schofield concluded on Tuesday that a "series of gross errors" led to the deaths of 11 people.

She added, each man "was unlawfully killed when a Hawker Hunter T7 aircraft crashed while attempting an incorrectly flown looping manoeuvre".

Delivering her narrative verdict, the coroner said: "Eleven innocent lives were cruelly lost on 22 August 2015. Lives that were cut way too short."

In March 2019, Andy Hill, the pilot flying the Hawker Hunter jet, was cleared of manslaughter following an Old Bailey trial which lasted seven weeks.

Hawker Hunter fighter jet plummeted onto the major south coast road during the Shoreham Airshow

Ms Schofield said that her recorded narrative verdict of unlawful killing, did not "detract from the fact" of Mr Hill's acquittal in a criminal court, but it was "clear and obvious" that the pilot should have abandoned the manoeuvre he was undertaking, adding: "This was not a close or difficult judgement call."

Speaking to the packed courtroom in County Hall North in Horsham, West Sussex, she said: "Even experienced pilots on the ground could see (the plane) was too low.

More from UK

"The poor position of the plane in the sky was a further significant error - this plane should not have been lined up with a dual carriageway."

Addressing the condition that Mr Hill was in, she said: "The pilot appeared conscious throughout. The aircraft responded to the pilot's control inputs.

"The pilot either did not perceive that an escape manoeuvre was necessary or did not realise that one was possible at the speed achieved at the apex of the manoeuvre.

Floral tributes for those killed in the Shoreham Airshow crash on a footbridge in 2015
Image: Floral tributes for those killed in the Shoreham Airshow crash on a footbridge in 2015

"There was no evidence of any G-related impairment of the pilot during the aerobatic sequence flown.

"The G-force experienced by the pilot during the manoeuvre was probably not a factor in the crash."

Ms Schofield added that it was possible that two cyclists who died during the disaster seven years ago would not have been killed had road signs for pedestrians in the area been clearer.

She said it would have been "completely understandable for a cyclist" to be "wholly unaware" that a lights crossing on the A27 had been disabled.

A crane removes the remains of a Hawker Hunter fighter jet that crashed onto the A27 road at Shoreham near Brighton

"Whilst I can't determine what Mr Smith and Mr Archer would have done, I find that it is possible they would have taken a different route with their bicycles that day, and would not have been standing at the junction when the plane crashed.

"This huge loss will be worn by the families for the rest of their lives."

She added: "It has been a long journey, some seven years for you, to get the answers you wanted.

"It has been a difficult journey getting to this stage. I hope you feel that through these proceedings, you now have a voice."

In 2019, Mr Hill said he had no memory of what happened on 22 August 2015, but believes he must have been cognitively impaired or disorientated to have made such a catastrophic mistake to crash his 1950s jet on to a busy dual carriageway.

Speaking outside the Old Bailey following the verdict, Mr Hill read out the names of the 11 men who died in the crash and said: "I'm truly sorry for the part I played in their deaths."

A message is seen on a floral tribute left near to the location a Hawker Hunter fighter jet crashed onto the A27 road at Shoreham near Brighton

On Tuesday afternoon, a number of members of the victims' families were present and were in tears as the remarks were delivered.

Following the conclusion, Sarah Stewart, partner at law firm Stewarts, who represented a number of families in the disaster, said: "The families we represent would like to thank the senior coroner for her thorough investigation.

"The bereaved families have waited more than seven years to reach this point and, although the senior coroner's conclusion will not ease the pain of their loss, their voices have been heard."

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2022-12-20 16:18:45Z
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Rishi Sunak refusing to budge on pay as strike action escalates - BBC

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Rishi Sunak has insisted he will not back down against striking workers, as nurses walk out in England, Northern Ireland and Wales for a second day.

Nurses' union boss Pat Cullen has urged the prime minister to resolve the crisis before Christmas.

But there is no sign of a breakthrough between the sides.

Speaking to MPs, Mr Sunak argued the best way to help workers would be to reduce inflation "as quickly as possible".

The UK is facing its biggest week of industrial strikes in recent history in the run up to Christmas, with ambulance workers, customs and immigration staff, bus drivers and postal workers all staging walk outs.

The armed forces have been drafted in to cover some jobs - but concern is growing about Wednesday's ambulance drivers strike in England and Wales, with a health minister warning people to avoid "risky activity".

Head of the NHS confederation, and a former Labour adviser, Matthew Taylor has warned that hospital leaders "cannot guarantee patient safety" during the strikes.

In a letter to Mr Sunak, he said: "It is clear that we have entered dangerous territory and we hope this warning from NHS leaders should serve to focus minds in government and in the unions that a swift resolution to this damaging dispute is needed."

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Mr Sunak is facing calls to reopen talks on nurses' pay and deal with the growing wave of strikes across the public services.

Addressing the Liaison Committee of senior MPs he said; "I've acknowledged it is difficult for everybody, because inflation is where it is.

"The best way to help them and help everyone else in the country is for us to get a grip and reduce inflation as quickly as possible."

He said sticking to the wage levels set by the pay review boards earlier this year was an important part of tackling high inflation.

Despite the prime minister's insistence that he is holding firm, some Conservative MPs have said he will need to budge on nurses' pay.

So far only a handful have said so publicly, but others have expressed concern in private conversations with the BBC.

One former minister said the government would have to shift eventually and come up with more money,

Another suggested ministers should consider offering a slightly increased offer, albeit still well below the 19% being called for, or a one-off payment to help with rising prices.

A third senior Conservative added: "I'd be surprised if the pay offer as is on the table wins - unless they are prepared to carry this on for six months."

However, even behind the scenes, government officials do not want to get into details about possible compromises.

And some Tory MPs are urging the PM to maintain his stance, fearing any concessions would encourage future strikes.

"Give in to one group then the whole lot will cascade around him," said one former minister.

Speaking to the BBC's Today programme, Ms Cullen said she was "truly sorry" for every patient who would have their care disrupted during Tuesday's strikes.

"We would negotiate with government - again we won't dig in if they don't dig in.

"But we have no opportunity to do that because we can't get to a table to talk to government."

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In a statement released ahead of the strikes, Ms Cullen said she believed the dispute could get "wrapped up by Christmas" if ministers engaged with union talks.

However, she warned that if the government wasn't "prepared to do the right thing" her union would have "no choice" but to continue striking in January.

The Royal College of Nursing has called for a 19% pay rise (5% above the RPI inflation rate) but the government has said this is unaffordable.

Ambulance staff - who are set to walk out on Wednesday - also want above-inflation pay rises, but have not set a specific figure.

Health Secretary Steve Barclay met unions ahead of the strike on Tuesday afternoon, however Unite representative Onay Kasab described the meeting as "entirely pointless" because Mr Barclay had refused to discuss pay.

Following the meeting, Mr Barclay said the pay demands were "unaffordable" but added that he was open to "engaging with unions on how to make the NHS a better place to work".

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2022-12-20 17:15:24Z
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