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tv   BBC News at Five  BBC News  September 17, 2019 5:00pm-6:01pm BST

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today at 5pm... in a landmark case at the uk supreme court, judges consider whether boris johnson acted unlawfully in suspending parliament for five weeks. one of the main questions being tackled today was whether this was a purely political question and not a matter for the court. the court is not equipped to decide what is a legitimate political consideration and what is an illegitimate political situation. no prime minister has abused his powers in the manner in which we allege in at least the last 50 years. feelings are running high on both sides as some of those bringing their cases to court
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face the crowds outside. i will report live from outside the supreme court on hearings that have huge legal constitutional and political implications for the entire country. we'll have the latest from ben brown at the supreme court and we'll be talking to an expert on constitutional law. the other main stories on bbc news at 5pm... at the lib dems conference the new party leader, jo swinson, says she would stop brexit immediately if she was in government. today i am standing here as your candidate for prime minister. applause. following the murder of teenagerjodie chesney in london in march, four people have gone on trial. going the distance after a gruelling 5a hours — sarah thomas becomes the first person to swim across the english channel four times in a row.
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i will sleep for the rest of the day, iam pretty i will sleep for the rest of the day, i am pretty out of it and tired right now, for sure. it's 5 o'clock. our main story is the landmark case being heard at the supreme court as the constitutional conflict provoked by the brexit crisis reaches the highest court in the uk. 11 supreme courtjudges have started hearing two appeals to determine whether the prime minister acted lawfully when he suspended parliament for five weeks. scotland's highest civil court and the high court in london have given different rulings on the suspension of parliament at westminster. the prime minister says he will wait and see what the judges say before deciding whether to recall parliament. let's have a look at how this week is likely to proceed.
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this morning the supreme court heard from the counsel for campaigner gina miller, who had lost her case at the high court. this afternoon it's the counsel for the case in which scotland's court of session found mrjohnson‘s actions to be unlawful. tomorrow it's the turn of the respondents — the uk government — in the gina miller case and advocate—general for scotland. and on thursday there will be interventions from former prime minister sirjohn major, whose lawyers will makes his submission to the court. my colleague, ben brown, is at the supreme court with the latest. demonstrators from both sides of the brexit divide are here outside the supreme court, the highest court in the land. the decision made by the ii judges here could have profound implications legally,
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constitutionally and politically. this morning the court heard evidence that borisjohnson sees parliament as an obstacle and potential threat — and he suspended it in order to silence it. richard lister reports. the suspension of parliament by a new government is usually a routine affair, but not last week. lord keen for the government said if you look back in history there are plenty times when parliament has been suspended or prorogued, sometimes for nakedly political reasons. he went back to 1930 and 1948. we reasons. he went back to 1930 and 19118. we have a real difference of opinion and the 11 judges listening carefully, three days of hearings this week and then the judges will have to decide. richard lister reports. the suspension of parliament by a new government is usually a routine affair. not last week... as conservatives filed out
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to shots —— shots of shame on you, the opposition stayed in their seats, convinced that parliament was being denied its voice on the eve of brexit. thousands of pages of legal argument were brought to the supreme court this morning so the justices could consider whether the proroguing of parliament was done legally. the business woman gina miller believes it was not. but she was asked was it right for the courts to intervene? it is their overarching power, yes. she is appealing a unanimous decision at the high court thatjudges should not get involved because the proroguing of parliament as a political decision. but in edinburgh the court of session ruled, also unanimously, this was an issue for the courts. it said borisjohnson had misled the queen by not telling her that his real reason for ending the session was to stymie
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parliamentary scrutiny of government action. in other words, to stop mps blocking brexit. the court said the prime minister's advice to the queen and the prorogation which followed was unlawful. now the supreme court will have to decide which of these rulings was correct. it is important to emphasise that we are not concerned with the wider political issues which form the context for this legal issue. as will be apparent when we hear the legal arguments, the determination of this legal issue will not determine when and how the united kingdom leaves the european union. good morning. the court heard first from those arguing the prime minister had abused his power. for the executive to use a prerogative power to seek of —— to evade control by parliament
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stands the basic principles of constitutional law on their head. and where, he asked, was a prime minister's justification for suspending parliament for five weeks? it is, we say, a remarkable feature of these proceedings that the prime minister has not made a witness statement. outside the language has been less measured but when asked how he would respond if the supreme court ruled against him, this was a prime ministers replied micro obviously i have tremendous respect for the independence of the jittery, it is one of the glories of the uk and our constitution and things admired round the world. and i think the best thing i can say, having said that, is to wait and see what they say. scotland's attorney general, lord keen, said scotland would take any necessary steps to comply if the supreme court ruled
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against him but then lord justice kerr intervened... i would take it he would not apply if parliament was prorogued again? i am not in a position to comment on that position at all. i am personally interested in what you say the effect is? because, abiding by a declaration conjures up a number of possibilities. that will have to be addressed by the decision makers, my lord. in any event the government said no court could rule against the prime minister is request to suspend parliament as it was a purely political matter. the arguments will continue for two more days. this uneasy balance between court, parliament, and people, is under severe scrutiny. we will discuss what happened with the barrister and legal commentatorjeremy brian and
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commentator —— alison young, professor of law at cambridge university. 0ne professor of law at cambridge university. one of the key issues for thejudges to decide university. one of the key issues for the judges to decide it is this a matter for them to decide? for the judges to decide it is this a matterfor them to decide? is for the judges to decide it is this a matter for them to decide? is this their business? you take the view that it their business? you take the view thatitis their business? you take the view that it is not? i would agree with the divisional court that says this isa the divisional court that says this is a territory of politics, high policy. this is in the area courts tend to get involved in because how can they take a view on how long is a valid prorogation? you would expect the courts to intervene when there is a clear threshold as to when to draw the line but they cannot easily do this on a question like this and that is what the divisional court found in england but the scottish court of appeal find that this was a scottish court of sessions and we have two appeals, one from a judgment going one way and the other going the other. alison, are you getting any inkling at the end of the first day of three
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days as to what the 11 judges are thinking? it is very difficult at this stage to understand their position. but i would disagree with jeremy that this is something purely political, lord pannick made it clear that they are not just saying we can go away and say how long you can prorogued. there are these constitutional limits, there are proper purposes. and very near not balancing the right purposes they wish to agitate your powers, that really is a job for them to step in and say this is no longer a law and that has allowed to establish judicial review, this ability to control decisions of the executive by saying that is not the right purpose. the charge against boris johnson from lord pannick was, you are trying to silence parliament because it was a threat to you, an o bsta cle ? because it was a threat to you, an obstacle? that is right and that is what they said before the scottish
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court of session. the difficulty i am pointing to is how does it quite like this on the evidence available will be how the documents of the state m e nts will be how the documents of the statements and come to any of on questions like that? i remember the case a couple of years ago when they try tojudicially case a couple of years ago when they try to judicially review the confidence—and—supply agreement the government had with the dup and the court said this is a political matter, we just cannot get involved in the sort ofjudicial activism that some people want. politics happens over the road, not in this court. i think that is a danger. but i would accept as alison points to that there may be a particular limit that there may be a particular limit that there may be a particular limit that the court thinks has been passed. lord keen said he was going backin passed. lord keen said he was going back in history, to 1930 and 19118, saying, look, this has happened before, ministers prorogued ministers many times? that was in response to a point. the law has been changed, since then the law has developed and is willing to look at
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how we exercise their powers. and lady hale made a point in response, lord keen was talking about their prorogued parliament because it would reduce the powers of the house of lords but we have to get the house of lords' permission to do so and lady hale said this was enhancing democracy so she could understand why prorogation might ta ke understand why prorogation might take place. whereas this one is the opposite, this is silencing mps. take place. whereas this one is the opposite, this is silencing mpsm isa opposite, this is silencing mpsm is a lot of power in the hands of judges. they really become the regulators of what goes on and maybe thatis regulators of what goes on and maybe that is what people want but it does raise very awkward questions when people vote in their politicians but don't vote in theirjudges. good to talk to both. we will talk again tomorrow because this is a three—day hearing and we will be back tomorrow at the supreme court and we may not get a judgment until the end of this week, maybe next week. that is the latest from the supreme court. back to the studio. thank you. thanks to
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ben and his guests. just after 5:30pm ben and his guests. just after 5:30me ben and his guests. just after 5:30pm i will speak to rafal hogarth from the institute for government. he will be asked to shed some light on what is going on. the liberal democrat leader, jo swinson, has said she has "no limit" to her ambition for the party and repeated her promise to cancel brexit if elected with a majority. in her closing speech to her party conference in bournemouth, she told delegates that she was standing before them as their candidate for prime minister. let's go over live to bournemouth now and our political correspondent, jonathan blake. it was a big moment forjo swinson, her first conference speech as leader of the liberal democrats. in
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the party which thinks of itself on something of a high at the moment with mps defecting from labour and the conservatives and a rise in membership and signs their stock brexit stance is cutting through and winning them support. expectations are high forjo swinson but he made are high forjo swinson but he made a confident speech to party members where she set out her ambition to not only stop brexit but get the liberal democrats into government as well. she talked about her new policy that the conference backed over the weekend of campaigning in a general election to revoke article 50 and cancel brexit without holding a further referendum. 0nly 50 and cancel brexit without holding a further referendum. only if the liberal democrats are able to form a government. they are a very long way from doing that at the moment but she has talked about trying to win 300 seats in a general election and should have delegates in no doubt about the level of her ambition. we need to seize the opportunity now... let me be clear... there is no limit
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to my ambition for our party and our country. and today i am standing here as your candidate for prime minister. cheering and applause they love that in the hall and she had criticism for her political opponents, describing jeremy corbyn as brexit by nature, if nigel farage was brexit by name. attempting to set apart the liberal democrats from labour, reminding the delegates in the hall that labour would try to negotiate a new brexit deal and talking about the parties policy as confused. she had strong criticism for the prime minister, but only about the way he has gone about trying to reach a brexit deal and promising to take the country out at the end of october come what may but also the language she has chosen to use... boris johnson's insults of choice are rather revealing. big
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girl's blouse. girly swot! let me tell you, conference, if he thinks being a woman is somehow a weakness, he is about to find out it is not! cheering and applause 0n cheering and applause on that line got probably the biggest reaction from delegates in the hall, jo swinson's entire speech. there were policy announcements continuing the lib dems' commitment to mental health provision and talking about lowering emissions targets as part of its commitment to tackling the climate emergency, asjo swinson described it. and main policy chunk of the speech covered the idea of a well—being budget so the liberal democrats are looking to measure government policy and the impact of policy, not only on how it affects
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the well—being and quality of life of people. going back to brexit, it is significant thatjo swinson made no mention of holding another referendum. as a way to reverse the decision to leave the eu. and there has been some unease throughout the conference at this new position, some people see it as too extreme. perhaps some delegates will be nervous about the omission of campaigning for another referendum but overall i think you whence and __j° but overall i think you whence and —— jo swinson after her first speech has sent delegates away from bournemouth with a spring in their step. thank you very much for the latest from the conference in bournemouth. the headlines on bbc news... lawyers give evidence at the supreme court on the first of three days of hearings to determine if borisjohnson broke the law by suspending parliament. at the lib dems conference the new party leader, jo swinson, says she would stop brexit immediately
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if she was in government. following the murder of teenagerjodie chesney in london in march, four people have gone on trial and in sport, wales coach rob harley has been sent home in the world cup injapanforan has been sent home in the world cup in japan for an alleged has been sent home in the world cup injapan for an alleged brick —— breach of laws covering anti—corruption. it is six days before their opening game against georgia. a defensive crisis at man city, george stone is ruled out for five weeks with a muscle injury in training, leaving them with just one fit recognise centre back. in the champions league returns tonight, liverpool and italy to take on napoli in their opening group game and chelsea play valencia at sta mford and chelsea play valencia at stamford bridge. iwill and chelsea play valencia at stamford bridge. i will be back with more on the stories later on. the trial has started of four people
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accused of murdering the girl scout jodie chesney. the 17—year—old was fatally stabbed while playing music in a park with friends in east london in march. 0ur correspondent, tolu adeoye, is at the old bailey. tell us more about the evidence. it was a very tell us more about the evidence. it was a very difficult day forjodie chesney‘s family in court as the prosecution opened its case against the four defendants, manuel jorovic, who was 20, and two youths again 16 and 17 and they deny the murder. the prosecution said she was a victim of a terrible, cowardly attack that was sudden and unexpected. and she was likely the unintended victim of a drug turf war. in this afternoon we heard details of what they say happened on the night she died. and they say she was in the park in romford listening to music and smoking cannabis with friends, something they often did, when at 9:20pm her boyfriend saw two figures coming towards them in the dark and
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he says one of them struckjodie and both figures then went away and he said at that point he realised jodie had been stabbed. anotherfriend said they heard a slashing side which was described as horrible. the prosecution sayjodie may not have had the slightest idea of what happened or why she was simply in the park with friends. they say she was a blameless individual caught up ina was a blameless individual caught up in a quarrel between drug dealers and her murder was terrible but had picked —— predictable consequence of a casual approach to the carrying and using of dyes. we began to your evidence around how the defendants we re evidence around how the defendants were identified in the trial is expected to last for eight weeks and will continue tomorrow. —— the use of knives. a 21—year—old man has been arrested along with three teenagers who have been re—arrested over the death of pc andrew harper. the police officer died after he was dragged along a road by a vehicle in berkshire last month. another man — 20 year—old jed fosterfrom burghfield —
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has already appeared in court having been charged with murder. patient safety is at risk because of a shortage of nurses in england — that's according to a new study. the royal college of nursing found that the number of patients admitted to hospitals has grown nearly three times faster than the workforce. it's calling on the government to follow scotland and wales in safe staffing laws — as katharine da costa reports. understaffed and overworked, a new campaign plans to highlight what the nursing union calls a national crisis. every week, short—staffing affects the way we work on the ward, the care we can give and puts extra pressure back on staff who are only trying their best, but eventually that can take a toll and affect the quality of care. 11 blank cut—outs to represent the 11% vacancy rate. that's a shortfall of nearly 40,000 nurses.
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in fact, the number of nurses working in hospitals in england has increased by nearly 10,000 over the last five years, but that figure is dwarfed by thejump in the number of patients, up by 1.5 million. that means admissions are rising nearly three times faster. the royal college of nursing is calling for £1 billion of investment to boost student nurse numbers and a new law for england. we need regulation and legislation to make specific people and organisations accountable for the situation, whether that be the secretary of state for the numbers in the system, or down to a local employer for making sure there's enough nursing staff per shift every day. but the think tank, the nuffield trust, says introducing new laws doesn't go far enough. the nhs needs to do more to recruit more nurses, we think the nhs needs to increase the number of nurses we train within the uk
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by about 5,000 every year, and we also think we need to be able to recruit around 5,000 nurses every year from overseas, and that's on top of doing more work to retain the nurses we've already got. the government says patient safety is paramount and all hospitals are already required by law to have the right staff in the right place. it says it is already providing more training, flexibility and pay rises to help recruit and retain a dedicated workforce. breaking news from glasgow... this is to do with hospital provision at the queen elizabeth university hospital in glasgow. the scottish government hasjust hospital in glasgow. the scottish government has just announced a public enquiry into the issues at edinburgh's new children hospital
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and the queen elizabeth university hospital in glasgow. it refers to two organisations, two hospital organisations. you'rejust two organisations, two hospital organisations. you're just getting more details the statement itself. here it goes... a public enquiry will be held, this is the official statement from the government, a public enquiry will be held to examine issues at the new royal hospitalfor examine issues at the new royal hospital for children and young people's award and the queen elizabeth university hospital sites following recent concerns from affected parents following recent concerns from affected pa rents over safety following recent concerns from affected parents over safety and well—being. the enquiry will determine how vital issues relating to ventilation and other key building systems occurred and what steps building systems occurred and what ste ps ca n building systems occurred and what steps can be taken to prevent this being repeated in future projects. and the health secretary, jane freeman, said as follows... the safety a nd freeman, said as follows... the safety and well—being of all patients and their families is safety and well—being of all patients and theirfamilies is my top priority and should be the
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primary consideration. in all nhs construction projects. i will have more details and a second but a public enquiry announced by the scottish government into issues at the new children hospital in edinburgh and the queen elizabeth university hospital in glasgow so clearly a very important statement andi clearly a very important statement and i will get more details in a short while. senior us officials say they have identified the exact locations in iran from which a combination of more than 20 drones and cruise missiles were launched against two saudi oil facilities. the two attacks on saturday night knocked out 5% of the global supply of brent crude oil. 0ur washington correspondent, gary 0'donoghue, has more. tell us more about what is alleged. all, the us have been edging towards this conclusion for a number of days, haven't they? suggesting they believed iran was behind this. these
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officials have told some colleagues at cbs that they believe they know the locations, pinpointing the locations from where these things we re locations from where these things were fired. at the northern end of the persian gulf inside iran and it will tie in with the original analysis and they launch or release those satellite images that indicated the strikes on the northern and western side of those facilities. rather than the southern side, which has caused the side from which they will be fired if coming from yemen and it was the iranian—backed who the rebels in yemen who originally claimed responsibility. politically, talk us through how this plays in the landscape in the us? it will raise all sorts of questions about retaliation. there has been talk of the president meeting with the iranian president, potentially on the outskirts of the un general assembly coming up shortly. and it
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makes a kind of meeting pretty impossible, which will obviously suit the hardliners inside iran and will put a lot of pressure on president trump to decide what form his retaliation might take. he was thinking aloud yesterday when asked about this and he said we have come close to retaliating against them before recently when they were shot down one of our drones and he said of course that was a direct strike on us of course that was a direct strike on us and this was a strike on the saudis, so i wonder whether or not he. short of the military action itself and would expect the saudis to do something of their own bat but we will see when we get public announcements and he gets to address his approach to what he does next. gary, thank you very much. gary 0'donoghue in washington. a second man has been arrested in connection with a burglary at blenheim palace on saturday in which a high value golden toilet was taken. the 36—year—old man from cheltenham was released under investigation, thames
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valley police said. anyone with information as to the whereabouts of the stolen toilet is urged to contact police. i will be back in a couple of minutes with the headlines and a catch up with the sport. louise has the weather. cool in the shade but many of us have seen lovely smells of autumn sunshine over the last there is more to come. today we got more in away of cloud spilling into the north and this weather front is arriving and elsewhere it was beautiful for many of us. temperatures responding eventually into the south with highs of 21 degrees and always cooler along the east coast. as we go through the night with clear skies those temperatures are likely to fall away and the green turns —— descends across the country meaning low single figures in sheltered, rural spots of england and wales so a
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chilly start to wednesday morning with patchy mist and fog but high pressure is staying with us and that weather front purging across the high, introducing showery rain into the western isles and the far north of scotland. we keep the cloud through scotland and may be more cloud into northern ireland but elsewhere we keep lengthy spells of sunshine and temperatures up as high as 19 or 20 degrees once again. it is almost a repeat performance moving into thursday by that weather front will ease away from the far north of scotland so dry, subtle and sorry for all and if anything a degree or so warmer. the high pressure will drift slowly eastwards in the wind direction will change a little too south—easterly and then eventually a southerly into the weekend. that will dry in more warmth and humidity. 0n weekend. that will dry in more warmth and humidity. on friday it is a breezy day but at least the winds are coming from that warm sauce and temperatures will peak at night —— 90 degrees and perhaps 2122 in
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scotla nd 90 degrees and perhaps 2122 in scotland and across england and wales. we need to keep a close eye on their system moving on through the weekend but ahead of that, again, some warmth and, in fact, humidity building across the country so saturday will be warmer still and we could see some sunshine and temperatures peaking into the mid 20s but we do need to keep a close eye on what is happening to the west by the end of the afternoon and we could see some sharp, thundery downpours. these will dry their way in overnight so one sunday we will see wet and windy weather moving its way from west to east, some welcome rainfor way from west to east, some welcome rain for gardeners and growers out there but it may well spoil your outdoor plans behind it with brighter conditions and not quite as warm, 15—23. this is bbc news. the headlines: lawyers give evidence at the supreme court—
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on the first of three days of hearings to determine if boris johnson broke the law by suspending parliament. the court is not equipped to decide what is a legitimate consideration and what is not. no prime minister has abused his powers in the manner in which we allege in at least the la st 50 in which we allege in at least the last 50 years. feelings running high on both sides as those bringing their cases to court confront the crowds. at the lib dems conference, the new party leaderjo swinson says she would stop brexit immediately if she was in government. today, i am standing here as your candidate for prime minister. cheering following the murder of teenagerjodie chesney
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in london in march, four people have gone on trial. lets catch up with the day's sports news. gavinjoins us. while is back coach rob howley has been sent home from the world cup for an alleged breach of laws covering betting and anti—corruption, just six days before the opening game against japan. —— injapan against georgia. the former wales scrum—half was due to leave his role after the world cup. steve jones to leave his role after the world cup. stevejones is being flown out to fill the gap. howley had been linked to the italy head coach job, which now seems unlikely. new zealand have won back the last two world cups and even though their form has dropped this year, they remain favourites. former wales and british and irish lions captain sam
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warburton joined british and irish lions captain sam warburtonjoined us british and irish lions captain sam warburton joined us earlier and believes that half a dozen sites have a realistic chance of lifting the trophy. the number one has changed so many times, itjust shows how open this world cup is. we should be genuinely excited about wild's chances, england's chances and northern ireland's of getting to and northern ireland's of getting to a final. it is very real. they haven't had the summer that they would have liked, but i willjudge the teams of the group stages in their big group games. those three teams in that front running pack along with south africa and new zealand, of course, to get to a world cup final. a defensive crisis at manchester city. john stones is ruled out for up to five weeks with a muscle injury in training. it leaves them with one fit recognised centre back. with stones out of the
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champions league opener, fernandinho has been marked as a possible centre back this season. eric garcia has travelled with the squad and could be an option for pep guardiola. it doesn't seem that long ago that liverpool beat tottenham in the champions league final injune, but european football returns with the group stages starting tonight. liverpool are taking on napoli, one of the teams that beat them in their group last season. they will be without their striker, who has been ruled out with an ankle injury. we tried to reach the level from last yearagain and we tried to reach the level from last year again and we don't know exactly which level it was, to be honest, because no one can measure it. we wa nt to because no one can measure it. we want to be as consistent at least as last year. frank lampard will take charge of chelsea in the champions league for the first time. they play valencia at stamford bridge. lampard said anything is possible if chelsea can get through the group stage.
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there are two parts. the group out before christmas. i believe we can get through but we have to be trough. —— tough. if we get through, iam trough. —— tough. if we get through, i am confident but aware of the dangers in a tough group. the cricket board say they are disgusted and appalled by the story in the sun about the family of ben stokes. stokes called it immoral, heartless and the lowest form ofjournalism. the article deals with deeply traumatic events that affected his new zealand based family have more than 30 years ago. the sum told the bbc it had received the cooperation ofafamily bbc it had received the cooperation of a family member. —— the sun. aberdeen has been named as the host of the bbc‘s sports personality of the year for the first time. the event will be on the 15th of december at the p andj live arena. the city will host the inaugural bbc
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festival of sport over the preceding two days. geraint thomas was the public‘s choice as winner last year. and that is all the sport from us for now. you can find more on those stories, including rob howley‘s departure from the world cup squad on our website. more now on our top story. and 11 supreme courtjudges have begun hearing two appeals to determine whether the prime minister acted lawfully when he suspended parliament for five weeks. our legal affairs correspondent clive coleman has been taking a look how the hearings will work and what the legal implications could be. a prime minister accused of misleading the queen and undermining parliament. it's all ended up here at the highest court in the land. two contradictory rulings have been appealed.
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one from the scottish courts, which ruled that the prime minister's advice to the queen to prorogue or suspend parliament for five weeks was unlawful, and one from the high court in london, which ruled that the entire matter, the proroguing of parliament, was political and not a matter for the courts at all. it's not really like the kind of criminal court you see in tv dramas. there are no witnesses, juries or cross—examination. it's all more like an academic seminar with brilliant lawyers arguing points of law in front of some of the best legal minds in the country. there are 12 justices, but they normally sit here in panels of five, seven, nine. but, for this case on the suspension of parliament, for only the second time ever, they are sitting as 11, so that no one can say, well, if there had been a different panel, it would have been a different result. the prime minister said the suspension of parliament was needed to prepare a queen's speech setting out
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a new government agenda. the businesswoman gina miller argues it was to silence parliament during critical weeks in the lead up to brexit. this is where the government lawyers appealing the decision from the scottish courts will seek to persuade the justices that the proroguing of parliament is really a matter of politics and not one for the court to interfere with at all. at the end of this case, the justices sitting here will give a definitive ruling on whether the advice given by the prime minister to the queen to suspend parliament for five weeks was unlawful or not. and that will determine whether parliament can sit again in the days leading up to the 14th of october, when the suspension was due to be lifted, and during that period, therefore, whether they can legislate and consider brexit issues.
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that was clive coleman explaining the ins and outs of what is going on in the supreme court. raphael hogarth is an associate at the institute for government and has been following all of today's events — he is in our westminster studio for us now. thanks forjoining us. when we look at the arguments today in what they centred on, what stood out for you? the sort of idea of the competing ideas of parliamentary sovereignty that we see on the one side from the challengers and on the other from the government. the government is saying in this case, what parliamentary sovereignty means is that parliament can enact any low that parliament can enact any low that it likes and nobody can set aside any load that parliament enacts, and the government says, well, the prime minister exercised his prerogative power to advise the queen and he did not break any act of parliament by doing that. what lord pannick qc, for gina miller,
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was setting out this morning was our broader, richer view of what parliamentary sovereignty means in the uk constitution, the idea that for parliament to be sovereign doesn't just for parliament to be sovereign doesn'tjust mean that parliament can make any law, it means it has to have the opportunity to make laws, and it also means parliament scrutinising the government through questions, motions, debates and so on. ina questions, motions, debates and so on. in a sense, what the court is being asked to rule on this week is the core of the uk constitution, a first rule, this idea of parliamentary sovereignty. that is the broad picture. to what extent did they focus on more detail in the sense of a prorogation lasting five weeks, which is usual, and the case being made by some people that a prorogation for overtly political purposesis prorogation for overtly political purposes is something that people have done in the past? there was disagreement about this. some disagreement about this. some disagreement about this. some
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disagreement about the relevance of the time period, whether what is really under challenge here is how long the prorogation is, or the purpose of it, so a lot of legal argument about that. lord pannick in his submissions for one of the challengers, gina miller, said that what the length of the prorogation does is it gives you evidence of the prime minister's purpose in proroguing parliament. he said the prime minister wouldn't have needed to prorogue for all of that time if the purpose were for what he said it was, to usher in a new domestic legislative agenda. he said no recent precedents of prorogation is of this sort of length. later in the day, lord keane, for the government, pointed further back in history and said, actually, that we have been used to parliament only being prorogued recently, longer prorogation is to get a political
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advantage for the government are not unheard—of and not necessarily unconstitutional. as we look ahead to the next few days, what do you think will be the upshot of three days of these hearings, ending on thursday probably, we think, with sirjohn major, his solicitor is making the case as well? will we end up making the case as well? will we end up with a ruling at the end of the week but we have to wait till next week? it depends how much disagreement there is between the judges. if they say, we are all of one mind, the answer is clear, it is conceivable we could have a yes or no ruling this week with detailed reasons to follow later, but if there is a little bit of debate and uncertainty, we are probably looking ata uncertainty, we are probably looking at a decision next week. 0bviously, the court is going to be under a lot of pressure to make a decision quickly because they are making a decision against a ticking clock. the closer they get to the 14th of 0ctober, the closer they get to the 14th of october, when parliament will come
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back anyway, the more academic the result of the case. good to talk to you. thanks for your time. israelis are voting in their second election in five months after prime minister benjamin netanyahu failed to form a a coalition government earlier this year. mr netanyahu has made hardline promises in the lead up to the vote, including a pledge to annex part of the occupied west bank. barbara plett usherjoins me now. barbara, what do you make of the prospects of this second contest, and are there any clear signs as to how this is going? the polls are going to close in just over two hours. beforehand, the indications we re hours. beforehand, the indications were that the two main parties were running neck and neck, the party of the prime minister and his main opposition, run by three generals,
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former members of the israeli defence forces. they are very close. there is also a third element, which is another party led by a secular right—wing nationalist, and it looks as if he is going to be able to be the kingmaker in this. if the two main parties are neck and neck, he can decide to support this one or the other, depending on what they give me. he will be somebody we will be watching closely once the election ends. the bottom line of this election is really about mr netanyahu's this election is really about mr neta nyahu's political survival. this election is really about mr netanyahu's political survival. he was not able to form a government in april, so that is why israelis are back at the polls now, and he is very keen to stay in power, we know, because he is facing possible charges in three cases of corruption and bribery and feels that if he is in government, running the government, he will be better able to defend himself. that has been the crux of the frenzied campaigning
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that he has been doing over the past weeks. if we compare this campaign with the one that took place a few months ago, is this one noticeably different in terms of tone and content, or is it more frenzied? how would you characterise it?|j content, or is it more frenzied? how would you characterise it? i think it is similar in some ways. mr netanyahu it is similar in some ways. mr neta nyahu will, just it is similar in some ways. mr netanyahu will, just before the vote, say, we are losing, everybody has got to get out. this time he has really done it. today, he has popped up really done it. today, he has popped up at really done it. today, he has popped upata really done it. today, he has popped up at a market, a bus station, live streaming on facebook, telling voters, if you don't come out, we are going to lose. so there is a greater intensity. the other difference is that this election has ramped up the issue of the religious israelis versus the secular. that has been used as an issue. mr
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netanyahu's has been used as an issue. mr neta nyahu's party is has been used as an issue. mr netanyahu's party is ultraorthodox, and there is resentment about the way they make rules for society, and that has been used for mr netanyahu's opposition, that has been used for mr neta nyahu's opposition, saying that has been used for mr netanyahu's opposition, saying they wa nt netanyahu's opposition, saying they want a secular government is not a religious one. it will be interesting to see how that might have affected votes, and how that will affect what sort of government is coupled together, because at the end of the day, in israel, the election is just a starting point. you have to see what parties can join together to form a government. barbara, thank you very much. the headlines on bbc news: lawyers give evidence at the uk supreme court on the first of three days of hearings to determine if borisjohnson broke the law by suspending parliament for five weeks. at the lib dem conference, jo swinson says she would stop brexit immediately if she was in government. following the murder of
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teenagerjody szczesny in london in march, four people have gone on trial. -- march, four people have gone on trial. —— jodie chesney. the uk's food supplies could be at risk because of a failure to act on climate change. that's the warning from mps in a report published today. the environmental audit committee also says that the nhs will need to prepare for a rise in health problems caused by our warming planet. 0ur correspondent, charlotte gallagher reports. going to a supermarket and buying ourfood shopping is something most of us take for granted. an almost endless choice and array of products from the uk and around the world. but now a group of mps say our food supplies could be at risk because of a failure to act on climate change. they say the government should be promoting more sustainable diets that are lower in meat and dairy. mps warned that rising temperatures could affect agriculture here and spread livestock
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diseases, as well as imports ——hittingimports from other countries. we are used to a choice in the types of fruit and vegetables we buy, but these mps say nearly 20% come from countries at risk of climate change, meaning that in the future our shopping baskets could look very different. in a statement, the department for environment, food and ruralaffairs said it recognises the threat climate change poses, adding that the uk already has a highly resilient supply chain, and that the national strategy is looking at the challenges of climate. the report also raises concerns that the nhs and pharmaceutical industry don't have enough resources to cope with environmental changes and the challenges they will bring. as global temperatures continue to rise, it is feared they will have more of an impact on our daily lives. swimming the english channel
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once is no mean feat, but a cancer survivor has become the first person to swim the english channel four times non—stop. 37—year—old sarah thomas from colorado began the epicjourney in the early hours of sunday and completed the challenge this morning after 54 hours and 10 minutes in the water. jon donnison reports. it was in the early hours of sunday morning that sarah thomas set off on her aquatic odyssey. to swim the channel once is tough enough. four times in a row, until now, unheard of. well done, sarah! today, after 54 hours and ten minutes, she staggered out of the water, finally back on dry land. sarah, you must feel ecstatic. i feel a little sick. a little sick?
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i'm not surprised, but you're still eating. exhausted and in need of chocolate, she described the moment that she crawled ashore. i was reallyjust pretty numb. there was a lot of people on the beach to meet me and wish me well. that was really nice of them but i feel mostly stunned right now. i can't believe we did it. keep yourself nice and warm. her achievement more remarkable given that sarah had treatment for breast cancerjust last year. so how is she feeling? i am really tired and losing my voice from all the saltwater. my crew was really great about helping me out and helping me stay strong. i knew what to expect from the currents and the weather and the cold, so i was very prepared for the amount of time i was going to be in the water. and that was a long time. as the crow flies, the four legs of herjourney would total 84 miles,
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but pushed off course by strong tides and currents, she ended up swimming more than 130. it was inspirational. it really was. she pushed the boundaries of endurance way, way, way beyond what normal limits are. in fact, it couldn't have been physical, it must have beenjust a sheer act of will. sarah thomas, an experienced endurance athlete, said she'd used swimming to cope with her cancer treatment. she dedicated her record—breaking achievement to other survivors. joining me now is anna wardley, an endurance swimmer and coach who has swum across the channel herself. i think it's fair to say that sarah thomas has gone one step further than anybody else. just tell us what
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you think of the scale of her feat. it's absolutely phenomenal, a real epic feat of human endurance. when you say she has gone one step better than me, i think at least three steps. i did one single crossing and she has done three laps. it redefines what is possible. it's astonishing, isn't it, really? i'd love to ask you, to prepare for this kind of challenge, and that seems a wea k word kind of challenge, and that seems a weak word in this context, what are the things that you are going to be looking out for? what are the pitfalls, apart from the strong tides and all the rest of it, the physical toughness of it? what are you trying to prepare for? it is a really multifaceted challenge, really. you are swimming in very cold water in just a swimsuit, cap and goggles. there is no wet suit, nothing there to keep you warm. there is the issue of chafe when
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your skin is rubbing together in the salt water for so many hours. that become a really painful situation. the salt water damage in the mouth after so many hours. sarah was swimming for over 54 hours, and after ten hours, it is really painful to swallow, and you can hear her voice at the end — she can barely speak. then it is that mental grip to keep going, to swim through the dark, the tides pushing you off, knowing you have so far to go, it ta kes a knowing you have so far to go, it takes a huge amount of mental grit. what is your take on the gender difference here? whereas some people say that men often excel in short distances, in endurance performances, women often are better equipped and do rather better — is that your perception? it absolutely is. endurance swimming over ultra
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distance is a field where women consistently outperform men. it is not just that we compete on consistently outperform men. it is notjust that we compete on a level playing field, women go out there and set the records. when it comes to huge distances, women outperform the men, and my personal take is that we are designed to withstand labour, which involves going nights without sleep and withstanding a lot of pain, so we have got the kind of biological set up to cope with all the challenges out there. a question i wanted to ask you about what prompts people to want to do this as a challenge, as opposed to other challenges which are physically demanding. this one appears to a lot of people appears to be terrifying as well as exhausting. what is it that makes you think, this is the challenge i want to take on? for me, what is amazing is that we are pitting ourselves against nature. we
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have no assistance, we are in the water on our own, not allowed to touch the boat, nobody allowed to make contact with us, and when we step in the water to start one of these channel swims, we are on our own. we have a big support team around watching us, but they can't touch us, they can't give any assistance apart from our feed, passed usually in a net, and there is something really magical about that. for me, it's not to do with the technology and who has got the most expensive kit, it is literally who has got the mental strength to keep going. 0f who has got the mental strength to keep going. of course, we need to be physically conditioned, but this type of swimming, over such huge distances, swimming through multiple nights, then it really does come down to mental stamina. anna, it's great to talk to you, and thank you very much for sharing your expertise. it's a pleasure. and wa rd ley, expertise. it's a pleasure. and wardley, who was in endurance swimmer and who has swum the english
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channel. she was talking about the incredible feat that sarah thomas from colorado has completed. bbc news at six is coming up in a couple of minutes. but letsjoin louise with the weather. i hope you've been out and enjoy the lovely autumn sunshine today. it is a bit on the chilly side, particularly in the shade, but nevertheless, dry with lots of sunshine around. the satellite picture illustrates the point beautifully, just a little bit of fair weather cloud to the far north, and a frontal system will arrive here later today. temperatures have peaked at 20 celsius, but through the night, with clear skies, watch the night, with clear skies, watch the green tones descending further south across the country, temperatures falling away sharply. widespread single figures across the country, perhaps in rural spots of england and wales we will see low single figures as well. tomorrow morning, a chilly start. patchy mist and fog around first thing, but the
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high pressure centred across the country, and just that weak weather front bringing rain tomorrow morning into western scotland and the far north of scotland as well. more cloud generally through scotland and northern ireland. further south, we keep sunshine. temperatures of 19, 20 celsius yet again, but things will continue to improve. 0n thursday, the widespread dry, sunny weather right across the country, and if anything, a little warmer as well. high pressure will drift off to the near continent, a subtle change of wind direction bringing something more promising through friday and into saturday, if you like the warmth. that south—easterly flow will continue to move warmth across the country, and widely we could see 19 celsius in scotland by the middle of the afternoon on friday, 22 celsius not out of the question further south. warmer and more humid as we go into saturday. this weather front will push on from the atlantic, but ahead of it, dry,
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settled, quite warm with it as well. quite humid, as i say. temperatures peaking into the mid 20s somewhere in the south—east, but by the end of the afternoon we could see a few short, thundery downpours triggered off out to the west. that sets the tone through saturday night into sunday. the potential for shop, thundery downpours drifting west to east, meaning sunday could be a day ofa east, meaning sunday could be a day of a different story. some of that rain could be quite intense, behind it fresher, but it may spoil outdoor plans. keep abreast of the forecast for details in case they change, but it looks like for the moment saturday will be the better of the two days this weekend.
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today at six — who's right, the prime minister or parliament? an historic case at the highest court in the land. the supreme court has been asked to judge whether borisjohnson's suspension of parliament was lawful or not — here's the case against him. no prime minister has abused his powers, in the manner in which we allege, in at least the last 50 years. the judges will consider thousands of pages of evidence before deciding whether the suspension was illegal orjust politics. the government's lawyers say the suspension isjust the government's lawyers say the suspension is just politics. it's quite clear that the reasons for seeking to exercise the prerogative of prorogation may be political. the court was told the prime minister will comply with whatever the court's ruling is.

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