All language subtitles for The Nest_S01E05_1080_KETTLE_English

This programme contains
some strong language

and some scenes which some viewers
may find upsetting from the start.

When she was a kid, she stabbed
Neve McKinnell.The Lewis case?
Kaya's that wee girl?

I'm not Heather.For those of us
still living on Lewis, it's hard.
It's very hard.

When Kaya ran away, did you or any
of her colleagues talk to her mum?

That's the first person
we contacted.

This isn't about exposing her or
dredging up the past.

It's about getting her to come
on the record to nail the people

who are trying to exploit her.

I need your permission to do a
DNA test. Something's not right.

She's not ours.

No genetic match with us,
but no genetic match with Kaya?

How is that possible?

If it's no-one's,
does that mean it's mine?

Legally, yeah.

I love that wee girl

and I'd like your permission
to be part of her life.

It was all a mistake.

No child's a mistake.

It's going to be a new start.

She's blocked all our contact.

Six days now we've not seen
the baby.

We're the only family she knows.

Before others kicked off, Kaya
hadnae been within ten foot of her.

Legally, she is within her rights
to allow or block

contact as she sees fit.

Kaya gave birth to Gracie
so the default position

is that she is the baby's mum.

Well, surely a baby can't just
default to somebody.

And if she's defaulting to anyone,
it should be us!

We had a contract!

Kaya's pocketed �50,000

and I cannae get
anywhere near my own daughter?!

Surrogacy agreements are not legally
binding in this country.

People draw them up as a guide,

but you can't get
a court to enforce one.

Look, I just want to see our wee
girl. Is there nothing we can do?

There are all sorts of
things that you can do.

Ultimately, you can
apply to adopt her.Fantastic.

How do we get the ball rolling?

But that's not what I'd advise.

What I would advise is getting
together with Kaya

and with a mediator,
if necessary, and talk.

Try to sort this out face-to-face.

Nope.

That's a nonstarter. Nope.

This has all come on very quickly.

It might go away just as fast.

Hello.

Hello, baby.

You're so beautiful. Oh, you are.

You are so beautiful.

So that's you away, then?

But we'll be back to see you
every day, won't we?

Oh, we will. She's a better colour
today.She's had a good night.

Didn't you, wee one?Ohh.

"Less of the 'wee one',
if you please."

Go on.

We've named her.

Oh... Right.

Neve.

You cannae say I'm trying
to bribe you.

I was always bringing sweeties
in here.

Mostly for myself, to be fair.

Look, I know you can't let us in,
but can you just tell us how she is?

I'm so sorry,
I'm just not authorised to do that.

Without the birth mum's
consent for visits

and sharing information,
my hands are tied.

What if there's, like, a medical
emergency or something?

So we just don't get told?

Listen, we have to go with what
the hospital lawyers say.

I don't have any discretion
around that at all.

Is everything OK?

Baby McDermott.

Gracie. Her name's Gracie.

Neve? Fuckin' Neve?

Obviously this was the plan
all along.

She gets what? What's she up to now?
70k, is it? And the baby?

Why would you want someone
else's baby?Well, why would WE?

Everything changes, though,
doesn't it, once she gets here?

But we always knew that this
might happen, OK?

We knew that she might wobble or
change her mind. I just...

I don't know which this is.
I don't know what's in her head.

I couldnae gie a fuck
what's in her head!

Pushing the button on the legals.

No, no, no, once it's broken,
it's broken.It's broken!

It's fuckin' broken!

We just need to follow the advice
that we've been given!

We need to sort this out
face-to-face.

If we declare war,
then there's no way back.

You're scared of her.

No, I'm not. It's not that.
Aye, you are.

She's powerless.

No judge in his right mind
would give her a baby over us.

Let's pack up all her stuff
from the house and get shot of it.

Sheena Galvin, please.
No, don't do this.

Trust me. A fight is the only
language this lassie understands.

It'll be lovely here,
come the summer.

I won't be here that long.

This is just a short-term let
till I get back on my feet.

Then I'm going to buy something of
my own.Ah, very good.

James or no James,
we've a weekly meeting.

Well, you haven't exactly covered
yourselves in glory, have you?

So I can take it from here.

It's licence conditions.

Kaya knows that.

How are you feeling?

I'm going to build you up...

..and by the time the wee one's
ready to come home, she'll be grand.

So what do you want me to do?
Sit tight? Do nothing?

I just don't think this is what
Kaya really wants.

I mean, this was supposed to be
something

life-changing for both of us.

Oh, aye, it's been life-changing,
all right.

She wanted family, consistency.

This was supposed to be
a partnership.

I just think if we can get back to
the spirit in which

we entered into this...

The spirit in which we entered
into this was fraud, darling.

Fraud on her part and
utter naivety on ours.

There was a relationship there,
it was real. I just...

I don't think this needs to
end up in court.

Tatties mashed with cream,
not butter, am I right?

Mum...

Why did you stop coming to see me?

Oh...

You'd be in, like, every week
for two years

and then you just... stopped.

What did I do?

No, it wasn't you. Far from it.

There was this.

The MS.

I got the diagnosis and I just...

..I just went to pieces.

Doctor said maybe it was the stress.

I wish I'd been stronger.

And then you did that thing
on telly.

Yeah.

Yeah, they told me it would
help people.

Other mothers who'd been through
what I'd been through.

It was anonymous, Kaya.
I was in shadow.

Look, I haven't been
the best mother.

I haven't even been
a good enough mother.

Is that what they say?

But I'm here.

Were you expecting someone?

No.

Kaya McDermott?

Sign here.

Go on, sign for it.

Oh, that's predictable, isn't it?
What?

Dan and Emily have got
a set of awfy toffee lawyers

and they're going after Neve,

then they want permanent residence
with a view to adopting her.

Well, they can whistle.

McGillivray, Galvin and Black.

I wonder who's going to win.Oh, no.

No, this is your right, as a mother.

You gave birth to that child.

Look at the state of you.

You've been let down by everyone,
by the Dochertys,

by that shower of workers who saw
you into this in the first place.

Well, not this time.

Well, what are we going to do?

You just stick with me, OK?

All you need to do is trust me.

Where are we going?

We're nearly there.

Can we not get a bus or something?

We'll have a cup of tea
when we get there.

Here. In here.

Kaya!

Open the door to me!

You haven't even given me a chance!

You have told a journalist
where I am!

That is me fucked now! I am fucked!

She's from Lewis!

You were at the same Brownies.

Journalists are after one thing,
they want one story.

Scotland's Mary Bell, where is
she now? Public enemy number one.

Not this journalist.

I know what she's after.

It's not that.

Trust me, Kaya.

If she was, I wouldn't let her
through the door.

I remember how it all went down.

This... bloodlust for a wee girl.

But I'm not interested
in Heather Gordon.

I never have been.

It's Dan Docherty I'm interested in.

How he made his money and now
how he's trying to spend it.

He's Teflon - nothing ever sticks.

But this, you.

This is different.

Why is that not gone?

I just want to write a note or
something.

You can't have a relationship like
this and then just dump her stuff.

Cut the cord, Emily, OK?

The relationship in your mind
never existed.

She didnae give two shites about us.

There was nothing ever there
but lies.

You've been exploited.
Criminally exploited.

This man, this couple, has caused
you a great deal of physical

and mental damage.

Now they're trying to deprive you of
a baby that grew inside you.

You won't be named, obviously.

There'll be no reference
to your past whatsoever.

Let's go back to the beginning.

Well, that says it all.

Mm?

Get up.

What is it?

Open your e-mails.

Haud on.

Kaya's gone to the press.

What can we do?Nothing!

The other outlets have
got it already.

We could go for breach of privacy,
that would stop them

publishing anything else,
but what's out there's out there.

What's Gregor doing?
Why has he allowed this?!

Cos he's done a calculation

and the value of this story exceeds
the value of your friendship.

But there's something else.

The business has come up, too.

There's nae corroboration tae it.

There's no' a shred of evidence.

But the deal wi' Kaya?

There's nae denying that
cos she's gone on record.

This is fuckin' Waterloo the day,
son.

You better wake up Emily.

We're waking up
to a strange story this morning.

One of Glasgow's richest
businessmen...It has been alleged

that Dan Docherty and his wife paid
upwards of �50,000 to the girl,

despite the law stating
that surrogates

are only entitled to
reasonable expenses...

Should you be allowed to pay someone
to have a baby for you?

The phones are open now.

Naw, it's a disgrace. That's
how it is - everything's for sale.

Women have the right
to do whatever they want

to do with their bodies,

and it's the patriarchy that...
Do me a favour!

It's the patriarchy that prevents
female labour from being monetised.

What's not getting mentioned
here is the baby.

I don't hear a thing
about the baby in all of this.

There'll be a march through
George Square on Saturday,

protesting the Docherty Group's
low wages.

This is all part of the same
problem - extreme wealth inequality.

The self-made businessman,
who comes from a humble background,

has been seen as an inspiration
to many...

Hiya, I've come into work
for a couple of hours.

I think you've gone for a run.
Can you take the dog next time?

People are looking at me like
I don't work here any more.

You as well? What's wrong?

Emily...What?

Oh, for fuck's sake,
what's going on?

The girl, who cannot be
named, spoke of being wooed

by Docherty and his wife until she
agreed to carry a baby for them.

"I don't believe they're fit
to be parents," she said.

Not a peep - not about Heather
Gordon, not a peep about the past.

Come on.

Come on.

Nobody after you, nobody bothered.

There is a public enemy number one,
but it's sure as hell not you.

You stick with me.

Just cava, not champagne. Not yet.

But a source close to the family

has revealed that the original
finance for its property

and leisure empire...

Did you see it?

It was inevitable.

Which bit?

The bit that Dan would get his
comeuppance or...

..that you would be the one
to dish it out?

I don't know what
you're talking about.

His business.

I know you're the source.

I know you are!
You were there at the start.

You knew what he had to do
that first year to get things going

and you would do anything at
this point to fuck him over.

Can you stand aside, please?
I'm going to be late for work.

Do you feel powerful now?

Powerful?

That's something
I can't say I've ever felt.

Not for an hour,
not even for a minute.

You have destroyed him.

He's indestructible.

His PR team are probably
spinning gold out of this now.

Not his business.

His marriage.

Well, that makes us even.

Yeah...

Told you!

I told you if we go nuclear,
this is what she does.

And now there's a whole pile-on,
all that drugs crap.

It's not crap.

The stuff about the start
of the business.

It's true.

For the first year, I took cash off
one of the Nichol brothers

and washed it through the pub.

Put a couple of his sons on
the payroll. They got paid legit.

I held on to the rest.

That's what kept me in business.

That's what got me
the deposit for the next place.

After that, I was clean.

I sold the pub. There was no more
dirty money through the till.

That was the end of it.

No, you... you told me how
you started.

You said you were washing glasses
and then you worked your way up.

That's what folk like you want to
believe happened to folk like me.

But it's garbage.

See, this is a social mobility.

Where I'm from, when you've got
the background I've got,

who's going to lend me
money to start up, eh?

A bank? Catch a wee loan off my dad?

No, you would never do that,
you would never do that.

But I did, all right?

I did it for a year
because I had to.

And I'm telling you
cos it's the truth

and I don't want there to be
any more lies between us.

Look, I'm not proud of it!

But I'm not ashamed of it.

No.It was the only way.

No.Emily!

You know what happened to me
with Olivia. What I did.

If you've kept all that for me,
if we've profited from drugs,

I-I can't...

You know, when you want something,
it's always, "It was meant to be."

"It was meant to be," like you're
the princess in a story

and all the forces of the universe

are going to come right for you
in the end.Excuse me?

"It was meant to be" is just another
way of saying,

"I want that. I deserve that."

You know, me, Kaya,
there's no magic at work there.

There's a narrow range of
shite realities

and if we want something different,
we need to go after it ourselves,

by any means necessary,
and that means doing things

you don't want to do.

Have you finished?

Mum?

I'm going to see the baby.

Hey.

Are you coming with me?

Oh, my God.

SHE RETCHES Oh, my God.

Mum! Mum!

Someone's left shit on the...

Someone knows where we are!

In the aftermath of
the Docherty scandal,

businesses belonging to the
Docherty Group have been targeted.

Police Scotland say
they are investigating

a break-in at the group's
flagship restaurant,

while staff have staged a walk-out
at ten other sites.

When approached,
no-one at the Docherty Group

was available for comment...

You need to take control of this.

You can't just sit here
and let it all burn.

Dan!

You will lose everything.

It's all over the internet -
who I am, where I live,

it's on Twitter, on forums...

Well, it wasn't Eleanor.
That's the first thing I checked,

though I didn't need to,
because I knew it wasn't her.

Doing anything that attracts
publicity makes discovery

more likely and a whole carry-on
like this puts Kaya at risk.

"Carry-on"? Who do you think
you're speaking to?

Come on, love, let's go.

Yep, let's go.

Where are we?

Listen, we've got a protocol for
this happening, we always have had.

You're going to be safe here.

This is a midden.

What matters is Kaya's safe.

She's got money,
she can put us somewhere far nicer.

How far away are we? How are
we going to visit the baby?

No' far. We're in Motherwell.

But visiting the baby will need
some thought,

as there's been paps there
for a few days now.

That's what I wanted
to talk to you about.

The local authority have got
involved.

Well, what does that mean?

It means that it's no longer
just between you

and the Dochertys, what happens
to this wee girl.

There's going to have to be
a case conference

and a hearing, whereupon she might
be discharged to you or to them...

..or there's a third option.

What, a third option?

A foster family... until it's
established who can offer safe care.

Care? They're going to take her
into care?

Let's just take this
one day at a time, OK?

You need a night's sleep.
I'll be back tomorrow.

Sleep.

They never want you
to have anything.

Never want you to exercise control
over your own life.

We don't have to stay in Glasgow.

We can go anywhere.

The baby might get taken into
care now. Did you hear that?

Better than it going to those two.

Why are you here?

Why do you think I'm here?
To help you, to help you help her.

Sorry, how can I help her?

She can't be safe with me
because, through this publicity,

I've been found.

We'll be fine as soon as we get out
of this dump.

You've got me. I'll protect you.

But you didn't.

You never have.

Excuse me?

You know what happened.

Don't you dare.

Auntie Neve took Angus off you.

Siobhan, please...I hate you!

They were having a baby.

They were starting a new life
together.

You went after her.

Get up the stairs.

It's OK, just...GO UPSTAIRS!

No, Heather's my little girl!

If I hadn't taken the knife...

If you hadn't taken the knife,
I'd still have a sister

and I'd still have my health.

Please, just...!

I took it off of you!

Mum, stop!

Please, Siobhan, for God's sake!

I got in the middle,
but I-I didn't mean to do it.

What were they doing with you
all those years in secure, eh?

Are they not meant to help you
take responsibility,

come to terms with your crime?

They did.

They helped me understand that I was
a kid and that it was an accident.

They helped me understand
that I was protecting you.

Oh, don't you dare!

You've never helped me.

You didn't tell them
you had the knife first,

or that you and Neve were fighting.

You killed her. YOU!

Not me. You!

I was 11.

Oh, I know, and it was a national
scandal because no-one,

no-one could believe
that a wee girl of that age

was capable of such evil.

Yeah, that's what I thought
for years,

because that's what you told me.

Cos, see, when a mum tells you
that's what you are,

even a mum as shit as you...

Ohh...

..you believe it.

But it's not true.

I want you to leave.

Ahhh, what, what?

You can do this on your own?

Do you think any social worker,
any judge,

any children's panel would let you
anywhere near that baby?

Go!

Argh!No...

More fool me.

I should've sold my story

without so much as putting my head
round your door.

Ha! Is it money you want?

Well, here's money.

You owe me. You owe me my health.

My looks. You owe me everything.

You'll never escape what you did.

There's no forgiveness for you.

No peace, Kaya McDermott.

No.

You're Heather Gordon.

Is Siobhan away?

I've a taxi waiting.

Shall we go and see the wee one?

I've arranged for us
to go in the back,

just in case there's anyone
hanging around.

Hey.

It's just you and me.

Hi.

I didn't realise I'd left the door
open.I've got keys, remember?

To look after the dog,
mind the house.

Listen, I'm sure you're here
on behalf of Dan,

but I'm just trying to do
what's best for everyone.

You're always very sure about
what's right, aren't you?

In any given situation.

This madness has turned
all of our lives upside down.

But still, you get to emerge
the principled one.

What happened with your friend
was tragic.

A bad reaction to a bad pill.
You were fine, she wasn't.

That is a tragic accident.

But you have made it into
the dominant story of your life.

It's a crutch.

And it lets you away with anything.

No. Don't, you don't understand.

Understand?

I was prepared to carry
a child for you, Emily,

that's how much I don't understand.

Or care about your suffering.

My brother loves you.

More than life.

You are what matters to him in
this world - not any of this, you.

And you will win against Kaya,
of course you will.

But not because it was meant to be,

not because it was written in
the stars that you should get to be

a mother, you will win
because she has got no chance.

She has no-one and nothing,

which is what made her a candidate
for all of this in the first place.

But know this, Emily,
you are no-one's saviour.

Not Kaya's, not the baby's.

You are just a person with desires,
like everyone else.

And you have been ruthless
in going after what you want.

I'm not in the business
of "I told you so",

but as I advised
when you first came to see me,

keeping the relationship
with Kaya civil

and agreeing an outcome
is obviously better for

the child than the kind of public
war that's broken out since.

We've gone for breach of privacy,

so there won't be any more coverage,
but given all the publicity

that's erupted around the case, the
local authority has some concerns.

Wh-what does that mean?

This is no longer a straight
tug-of-love

between you and Kaya, Emily.

It means that they see a risk
of significant harm to this

child in view of what has gone on.

It may be that the local authority
decides that the best person

to meet the baby's needs
is a third party.

A third party?

Care?

Oh.

No, no, I understand.

This is a case conference convened
in respect of Neve McDermott.

She was born at 25 weeks
to a surrogate, Kaya McDermott.

The intended parents
were Dan and Emily Docherty.

The relationship has since broken
down publicly and acrimoniously

and we, as a local authority,
have real concerns about which

of the parties, if either, can serve
the best interests of the child.

Despite her prematurity,
the baby's done really well.

And if she continues to do so,

we expect that she'll be ready for
discharge in the next 2 to 3 weeks.

From a police protection point
of view, I'd say if there's

a continued risk of Kaya's identity
being exposed,

obviously, it's not going to be
a safe environment for the baby.

Has there been anything further?

No, not as yet. But a lot depends
on decisions yet to be made -

where is she going to live -

whether her identity is
permanently compromised.

What about the Dochertys?

Fundamentally, the issue is how
this whole arrangement came about.

The question of exploitation.

Dan Docherty is a well-known
face in Glasgow -

if this baby stays with them,
then this child's history is laid

bare for all to see because of
the publicity.

Which begs the question, in the
longer term, is it in the child's

best interest to have a clean slate
and a fresh start?

I think we know from practice that
kids don't really do clean slates.

People's stories are their stories.

It's incredibly important
to children that they

come from somewhere,
and this baby came from Kaya.

She grew in Kaya. She has had
skin to skin with Kaya.

And given that she doesn't know nor
is likely ever to know

her real genetic identity,

Kaya is the closest blood relative
that she is going to get.

I do believe, with support,

she could provide a safe environment
and if we don't give her that

chance, are we not just repeating
the mistakes of the past?

Social engineering.

Handing the babies of poor girls
over to middle-class couples.

How did you know I was here?

Hilary.

She'll get a good family anyway.

You know how many folks
are desperate for a newborn.

Cannae get them for love nor money.

All the professionals see is
people warring over a bairn

and it's disgusting.

It's no wonder they're looking
at us and thinking,

"None of yous is deserving."

What if we stopped?

How do you mean?
What if we supported each other?

Got round the table?

Maybe there was a time for that.

When we could have sat with Kaya
and agreed something.

Or maybe because of the money,
there never could be.

Because of who she is and who
we are, it would only ever be

an exercise in power.
In persuasion. I don't know.

What I do definitely know is that
it can't possibly be in that

baby's best interests to overthrow
the person who carried her.

And if we win,
that's what we'll have done.

If we lose, that could mean
her going into care.

That cannae happen.

That just cannae happen.

I get it. Support Kaya
to support her, I get it.

What am I supposed to do with
the fact that she still

feels like my daughter?

We were a family before this.
You and me. Whatever you thought.

That's what we were.

What are we now?

Kaya, we're withdrawing.

We'd like for the baby
to stay with you.

And we'll support you,
financially, practically,

any way that we can.

But we won't be hovering over you
or trying to exercise any

rights over the baby.

We're here for you, but, erm,
you call us, we won't call you.

You can move away or do whatever
you need to do to feel safe...

..make the best life that you can.

And I know that you can.

Right, she's ready for you.

Come on.

You've been waiting on her,
haven't you? Yeah.

I'll just let you have a wee cuddle.

It'll be a long road, but I've got
every confidence in her.

I've seen birth mums
overcome the odds

in far more precarious situations.

Can you take her?

OK?Sorry.

What's wrong?

I don't know what to do.

I never went into this
to have a wean, Janis.

Never.

I never looked at lassies my age
with weans

and thought, "I want that."

I look at them and I think,
"Get tied."

I want a life.

I want to put the past behind me and
live and build something for myself.

I want to do better than just
having a kid for company

and dishing out the exact same life.

I want to be... a businesswoman.

I want to go on planes.

I want one of those
wee steel pull-along cases.

I don't know what the fuck I want,
but I want things.

And I know I don't want this.

But I can't abandon her either.

I cannae let her go into care,
no way.

That's not your sole responsibility.

It is.

Cos I destroyed them.

By going to the papers,
I wrecked them. Must've done.

Cos if they thought they stood
a chance,

why would they offer her to me?

You need to sleep on it, Kaya.

You need to take time and be sure
this is really how you feel.

I don't need time.

I know.

You think that's the phone call
you're living for.

And then it comes and all that's
in your head is, can I do this?

Can we do this?

Look at the state of us now, Emily.

All I want is what's best
for that wee girl.

And I look at us and I think,
are yous what's best for her?

Are yous the best that she can do?

I don't think anyone
could do better than you.

I've fucked the business, Emily.

It doesn't matter.

We could lose the house.
We could lose everything.

It doesn't matter.

We could lose her. Fight for her and
then not be allowed to care for her.

There's no guarantees.
With any of it, with anything.

There's one.

I persuaded him.

I manipulated him.

I threatened him.

I think I just couldn't see
beyond my own needs.

My father was a violent alcoholic.

He beat my mum,
he beat me and my sister.

And I've made it my life's work
not to be anything like him.

I wanted it to be fair

and I imagined it could be
made fair with...

..love...

..or money, or some combination.

Everything. We owe this wee girl
everything.

We made her, genetic or not.

And I felt she was my daughter
from the minute I laid eyes on her.

What kind of mother?

An anxious one, an overbearing one,

but one who will always
tell her the truth.

Good enough?

Hm...

All we want to do is love her.

A wealthy couple.

A vulnerable 19-year-old girl.

The inequality in bargaining power,

the potential for exploitation,
could hardly be more obvious.

In this country, a surrogate may be
paid "reasonable expenses",

but such a loose definition can be,
as it has been here, stretched
to breaking point.

Dan and Emily Docherty didn't do
anything strictly illegal.

However, neither does what
they did sit at all comfortably with

the right-thinking person.

The haste with which they entered
into the arrangement further

paints a picture of self-serving
recklessness that is

incompatible with
responsible parenting,

and if the law required me

to make a decision in the interests
of public policy, to discourage

other couples from behaving
in a similar way, then undoubtedly,

it would be my duty to prevent them
from caring for this baby.

However, that is not
what the law requires.

What it demands is
a decision that focuses

solely on the needs of the child.

In that regard,
I believe that the facts are clear.

Dan and Emily Docherty
love this child

and are in a position
to care for her.

There is no-one else who knows her
and who is in a position to do so.

To deny her a suitable home in order
to punish the two of them

cannot be right.

What has been most persuasive
is Kaya's support for them

and the ongoing relationship
between the parties.

I therefore order that Neve can be
discharged today into the care of

Dan and Emily Docherty with ongoing
and continuous review by services.

Oh, OK.

It's my job to piss on your chips,
so let me just get this
over with quickly.

You've been granted a residence
order - it is not an adoption.

It is not permanent.
It's a "you can have her for now".

This is the start,
not the finish.Thank you.

Well, we're going to
collect her later.

They said we can take her home.

Do you want to come with us?
Or you could come over later.

No, not today.

I'm going to look at flats.

OK.

Kaya, erm,

thank you.

She forgives you.