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tv   BBC News at Nine  BBC News  September 24, 2019 9:00am-10:01am BST

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you're watching bbc news at nine with me, annita mcveigh. the headlines. the supreme court will reveal its historic ruling on whether suspending parliament was legal at 10.30 this morning — we'll be bringing you that live when it happens. at 9.15, we'll have analysis from our legal experts on what the implications of the supreme court's landmark decision will be whichever way it goes. the other main headlines... ministers call for an investigation into thomas cook's directors in the run—up to their collapse as thousands of holiday—makers await flights home, organised by the governement. a green industrial revolution, and a promise to half the number of food banks from labour as the party conference continues in brighton. a landmark ruling for google on the right to be fogotten — judges rule the search engine does
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not have remove certain data from their global search results. the duke and duchess of sussex travel to the coast in the second day of the royal visit to south africa. good morning and welcome to the bbc news at 9. the uk's highest court will deliver an historic ruling this morning, on boris johnson's decision to suspend parliament. if the prime minister has been accused of an unlawful "abuse of power", and if the judgment goes against him, mps could be recalled immediately. so what could happen this morning, when the judges start giving their ruling at about 10.30?
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the supreme court needs to decide whether prorogation is a matter for the courts. if it decides it's not a matter for the courts, borisjohnson wins. but if it decides it is a matter for the courts it must rule whether the advice to the queen was lawful or not. if the court rules that advice didn't breach constitutional law or principle sufficiently or at all — again the pm would win. or it could rule that advice to the queen was unlawful either because of mrjohnson‘s improper motivation to frustrate parliament or perhaps more likely that the effect was that legislation was lost and parliamentary scrutiny was improperly denied. in this case the government loses. let's cross to ben brown, he's outside the supreme court in central london. a lot of possible outcomes to discuss. yes. we will get to the judgment at
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10:30am from the panel of 11 supreme court justices. 10:30am from the panel of 11 supreme courtjustices. they will not all be here in person but we will get their judgment. before boris johnson here in person but we will get their judgment. before borisjohnson it is a day ofjudgment, really. use thousands of miles away in new york at the united nations but he and his advisers will be watching keenly the judgment which is ruled here at the supreme court, the highest court in the land. the government lawyers will be hoping that this court agrees with the high court in london and says it is not a matter for the law, not a matterfor the and says it is not a matter for the law, not a matter for the courts. but if they don't get their way, and they rule that has advice to the queen to suspend parliament was unlawful then there are all sorts of possibilities, as you have outlined. parliament might be recalled, the government might try to prorogue parliament all over again. we will have to wait and see. but it will be
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a momentous day with huge legal, constitutional and political ramifications. let's get this report on what we can expect from our legal correspondent clive coleman. it's arrived at speed — judgment day. 11 justices at the supreme court will rule on whether borisjohnson acted unlawfully in advising the queen to prorogue or suspend parliament for five weeks. is he anxious? i'm going to wait and see what thejudgement is, and... but i want to stress that this is a government that fully respects the law and fully respects the judiciary. the supreme court will resolve two dramatically contradictory rulings. scotland's highest civil court ruled the prime minister's advice to the queen to prorogue was motivated by the improper purpose of stymieing or frustrating parliament during critical weeks before brexit. but the high court in london, in a case brought by the businesswoman gina miller, ruled that proroguing was a political matter and there were no legal standards against which a court could judge it.
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the supreme court will first have to decide whether prorogation is a matter for the courts. if it is, the court will go on to rule definitively whether borisjohnson‘s advice to the queen was unlawful, either because of his improper motivation or, perhaps more likely, because the effect was that legislation was lost and parliamentary scrutiny improperly denied. the wording of any declaration of unlawfulness will likely determine how parliament is reconvened, whether by government recall or at the invitation of the speakers of both houses. clive coleman, bbc news. torrential rain outside the supreme court in central london today. let's show you the scene as people wait to hear what the 11 supreme court justices are going to rule. you can see people with umbrellas queueing up see people with umbrellas queueing up to get into the court. and you
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can see some of the demonstrators that are here from both sides of the argument. there are pro brexit demonstrators and those also who are pro remain who say parliament should be reopened, some of the placards are saying don't silence our mps, they misled the queen. the protesters were here last week when the hearings were under way and they are back again braving the rain. let's speak to clive coleman and our assistant political editor norman smith. clive... run us through the permutations of what the judges could decide. they could rule that the government were right and this isa the government were right and this is a political matter, not one that the courts should get involved with. if they rule that, it is a straight out when for boris johnson. if they rule that, it is a straight out when for borisjohnson. i think 50% of people will think it is a
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victory for common sense, the other 50% will think that the courts have failed in their constitutional duty to hold the government to account and protect against the abuse of power by the executive. if they do not rule that, they could rule it is a question they can engage with but not unlawful because the breach of constitutional principle in law is not sufficient enough to make it unlawful. that is a victory for borisjohnson, the unlawful. that is a victory for boris johnson, the same unlawful. that is a victory for borisjohnson, the same sort of reaction. or they could rule it is a matter they can deal with and it is unlawful, with two routes, one that they could see a dozen —— they could say it is unlawful because boris johnson intended to... the effect is that bills were lost, parliamentary committees couldn't sit and
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scrutinise parliament. everything comes down to the wording of the declaration. the other thing they could do is declare of the order in council to be quashed, which would mean parliament had never been prorogued at all and mps could go back into parliament. depending on the wording of the declaration, if we get one, it will determine how parliament being reconvened is triggered. is it done through the government triggering it recalling parliament or through invitation of the speakers of both houses.“ parliament or through invitation of the speakers of both houses. if this goes very badly for borisjohnson today, if they say it is a matter for the court, and he acted unlawfully when he advised the queen to suspend parliament, what are the implications and how much pressure will he be under and how much damage will this do? the stakes are enormous for boris johnson and his brexit strategy. if parliament is re called brexit strategy. if parliament is recalled and the mechanism for doing
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so recalled and the mechanism for doing so is frankly unclear, there have been suggestions that the speaker could say parliament must be recalled. he suggested it should be the government. we are not quite clear who would actually instigate the recall of parliament but if it is recalled one way or another then the stakes are enormous. mps will almost certainly begin contempt of parliament proceedings against boris johnson in an effort to secure some of those papers, documents and correspondence between government officials which they believe will provide the smoking gun to prove borisjohnson lied to parliament provide the smoking gun to prove boris johnson lied to parliament and by extension lied to the queen. if that gains traction then the demands for his resignation will mount. secondly, if parliament is reconvened there they will be moved by mps to seize control, as they have done before, to try to secure more information about boris johnson's negotiations, his plans for a no deal, possibly to put more
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obligations on him were he to try to circumvent that no deal bill passed by backbenchers. and perhaps the most important thing is if the court finds against boris johnson then he will be very, very wary of defying parliament again, a second time, if he seeks to ignore the bill passed by mps. he seeks to ignore the bill passed by mp5. the stakes are huge for borisjohnson of by mp5. the stakes are huge for boris johnson of this goes against him. he is in new york at the un. 10:30am ourtime is him. he is in new york at the un. 10:30am our time is 5:30am they are so 10:30am our time is 5:30am they are so will he be setting the alarm clock? somebody well. there is a political vacuum because boris johnson is at the un in new york, jeremy corbyn is at the labour co nfe re nce jeremy corbyn is at the labour conference in brighton. mps conference in brighton. mp5 i have spoken to say if it goes against borisjohnson, what are spoken to say if it goes against boris johnson, what are you spoken to say if it goes against borisjohnson, what are you going to
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do? there isn't really a consensus oi'i do? there isn't really a consensus on whether they all pile back into parliament. i would like to hear from john bercow because although he has previously said it is not his job but the government'sjob, we know he is an interventionist and quite bold speaker so will he decide in that vacuum that he has to act and summon parliament back? he will bea and summon parliament back? he will be a pivotal figure when all the key politicians are slightly out of the frame. i think norman got the best of the umbrella there. he definitely did. that's it from here. judgment atio:30am, did. that's it from here. judgment at 10:30am, life here on bbc news. and we'll be returning to the supreme court throughout the hour. a couple of pieces of breaking news coming to us. the national crime agency has said it has found no
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evidence that any criminal offences have been committed after the electoral commission referred allegations against leave the eu —— leave the leave. eu leave.eu under the leave. eu under the political leave.eu under the political parties and referendums act. the leave.eu chief executive said the investigation was dropped and said she accused what she called the remain biased electoral commission desperately trying to overturn the result of the referendum. more on that. the second piece of breaking news as the european court of justice has ruled that google does not have to remove links to
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sensitive personal data are globally. this so—called right to be forgotten already exists in europe. there was an attempt to get google to extend that worldwide and they we re to extend that worldwide and they were appealing against it and today they have won in the european court ofjustice which says the company does not have to delete links to sensitive personal data globally. the civil aviation authority says it brought back nearly 15,000 people to the uk yesterday, after the failure of thomas cook. thousands more stranded holiday—makers will be brought back home today in the state—funded rescue effort, operation matterhorn. it comes as the travel firm's bosses face scrutiny for the multi—million—pound salaries and bonuses paid to directors over the past five years. dan johnson reports. antalya airport in southern turkey, and this is the aftermath of thomas cook's collapse.
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quite surprised, really, cos it's such a big company, i didn't think it would actually happen, but... the desperation to get home. we'll get back. at least we'll be back in england, won't we? the attempts to organise alternative flights. as long as we're on uk soil, then we'll be able to get home. i am really pleased that the first day went well. we got back 95% of those we were intending. there were some operational difficulties and we will continue to have that. that is life in the aviation industry. hi, the manchester flight‘s full, right? yes. staff are still working despite being already out of a job. that's just thomas cook, isn't it? we want thomas cook! that's 22,000 jobs worldwide, 9,000 in the uk. i'm truly gutted...| am. genuinely truly gutted for my colleagues and all the passengers that we carried.
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and there are the holidays that haven't even started yet. this is our savings pot. hundreds of pounds of thomas cook vouchers saved for a trip to disneyland are now worthless. so, to tell him that it wouldn't be happening, it was awful, it was horrible. it's not something that i ever wanted to do. i never wanted to disappoint my children. i would like to say sorry to all our customers. they've heard an apology, but not much explanation. did management try hard enough? did they pay themselves too much? the government's asked the official receiver to investigate as a priority, because this is all that's left after 180 years — the proud heritage of a package holiday pioneer reduced to a leaflet about liquidation and now reliant on emergency rescue flights to bring its people home.
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with them come more questions about how it all went so badly wrong. dan johnson, bbc news. the headlines on bbc news... the supreme court will reveal its historic ruling on whether suspending parliament was legal at 10.30 this morning — we'll be bringing you that live when it happens. ministers call for an investigation into thomas cook's directors in the run—up to their collapse as thousands of holiday—makers await flights home, organised by the governement. labour promise to half the number of food banks and spark a green industrial revolution if they get into power, as their party conference continues in brighton and coming up in the next few minutes, we'll have analysis
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from our legal experts on the implications of the supreme court's landmark decision, whichever way it goes. and megan rapinoe has called out racism in sport. some more bad news for scotland at the rugby world cup. scrum—half ali prices out of the tournament because of a foot injury suffered in sunday's defeat by ireland. england have rung the changes for their next match against the usa on thursday. piers francis will make his debut, and so will roy mcconnachie. as we've been hearing, in just over an hour's time we're expecting that key judgment on the legality of borisjohnson‘s decision to prorogue parliament for five weeks. let's go back to ben brown, outside the supreme court in central london. a day ofjudgment
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a day of judgment for a day ofjudgment for borisjohnson. the heavens have really opened here at the supreme court, the highest court in the land. at 10:30am we will get that ruling from the 11 supreme courtjustices. they are essentially trying to decide the question did boris johnson question did borisjohnson act unlawfully when he advised the queen to prorogued parliament? they are trying to referee between two differentjudgments from trying to referee between two different judgments from the trying to referee between two differentjudgments from the highest court in scotland which said he did try to stymie parliament under the high court in london which said it isn't a matter for the courts at all, what the government have been arguing. their lawyers have said that the supreme courtjustices shouldn't go into this political minefield. we have legal experts
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here. have you got a hunch as to which way they may go? there has been a lot of discussion, reading into the body language in questions all week, and the consensus is that the storm clouds are brewing for the government. you cannot be sure, you really cannot. some judges will go one way and some might go the other way but it seems that they were interested in answering these questions, they were going to find them within their frame of reference, there just them within their frame of reference, therejust notjust a political issue but an issue for the courts that they can judge meaningful legal standards like in an ordinaryjudiciary meaningful legal standards like in an ordinary judiciary review. meaningful legal standards like in an ordinaryjudiciary review. so is it unlawful or not? they are being asked to look at the effect of what
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borisjohnson did asked to look at the effect of what boris johnson did in asked to look at the effect of what borisjohnson did in that regard, what was the effect of it? if they find it undermined parliamentary sovereignty, the will of parliament, the government could be in trouble. give her a bit more of your umbrella, go on. can you predict how this goes? i don't want to predict anything but i would echo much of whatjeremyjust said. anything but i would echo much of whatjeremy just said. we anything but i would echo much of whatjeremyjust said. we will see very important decisions being made, first in regard to is it our legal question for the supreme court, and imight question for the supreme court, and i might echo a lot of legal academics and say that it really seems that through the argument we have seen that the court seems to have seen that the court seems to have come to that conclusion, there isa have come to that conclusion, there is a question of the limits of legal power here. continuing with the stormy weather metaphor, it leaves stormy weather metaphor, it leaves stormy questions ahead in which we
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can ask as the constitutional effect 01’ can ask as the constitutional effect or proper motive established well enough for the court to say it is unlawful? that will be the difficult one. what might we get in terms of thejudgment? there one. what might we get in terms of the judgment? there are 11 one. what might we get in terms of thejudgment? there are 11 supreme court justices. thejudgment? there are 11 supreme courtjustices. what if they disagree with each other?l courtjustices. what if they disagree with each other? a majority verdict, sixjudges could go one way and five the other. the outcome of the case will be dictated by the majority so you can win on a 6—5 split, there is no var. i expect that lady hale, the president, will read a summary of her findings or go straight into the mainjudgment but i think they will want to get to the point quite quickly knowing the media and public interest in this case. if they do say that this is for them, the courts, and it was unlawful, what then are the broad implications for the constitution,
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the unwritten constitution of this country? then we face very big question is, and the big question of this whole case is what is the balance of power, the separation of power, the place of parliament, government the courts? if they find it unlawful, a difficult question arises of what next? what we are most likely to see is a declaration of unlawfulness, a statement probably from lady hill saying this is unlawful. but then almost leaving it to the executive and potentially to parliament to fix that. not ordering. during the hearings there we re ordering. during the hearings there were various permutations discussed, what happens, when parliament recalled? do you remember when joanna cherry came out at the end of
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the hearing and said they want things to be as clear as possible. they are wanting a clearjudgment with no wiggle room for a parliament. it could be a declaration, if it is against the government, it could even be a quashing order, saying that parliament is recalled. in some senseis parliament is recalled. in some sense is huge pressure on the 11 supreme court justices. they sense is huge pressure on the 11 supreme courtjustices. they know the eyes of the country, the eyes of the eyes of the country, the eyes of the world even, are on them. the eyes of the country, the eyes of the world even, are on themlj the eyes of the country, the eyes of the world even, are on them. i think this is the first time i have heard the phrase binge watching supreme court tv. i thought that was just for a legal academics. court tv. i thought that was just for a legal academicslj court tv. i thought that was just for a legal academics. i heard someone for a legal academics. i heard someone in the supermarket say they had been watching the supreme court all week, which is something you don't normally hear! we don't have too long to wait before we get that judgment from the panel of 11 supreme court justices, 10:30am judgment from the panel of 11 supreme courtjustices, 10:30am life here on bbc news.
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labour's deputy leader, tom watson, will address the party's annual conference in brighton today, just days after a failed attempt to remove him. he'll warn that the party is handing a "gift to the tories" by turning in on itself. yesterday party members endorsed jeremy corbyn‘s policy to stay neutral on brexit. let's go to brighton now and our political correspondent iain watson. the party is hoping that the focus today will be on food banks, a green industrial revolution, but is it policy or those internal arguments that will make the headlines for labour today? i think it is helpful for them to try to get to a policy agenda where they can effectively try to appeal toa they can effectively try to appeal to a new generation of voters, especially on the environment, and there are some radical policies to unveil, including 37 new wind farms,
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an electric car revolution with new factories producing some of the batteries. but they will not escape splits on this either because there isa splits on this either because there is a big divide between some of the grassroots members on one hand and some of the unions on the other when it comes to setting a target for ambitious reductions in carbon emissions. what the grassroots want is to have a target of 2034 net zero carbon emissions. some of the unions think it is unrealistic and there is no plan behind us but even if there where it might actually cost some of their workers theirjobs. that will be displayed, these divisions, again on the conference floor today. this afternoon we will be revisiting some of the divisions because just before the conference even got under way there was an attempt to oust tom watson, which failed, a political assassination which misfired, as he would put it. nonetheless i think some of that division over his role and different wings of the party
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will be on show again just after lunch. to what extent do you think this conference is taking into account recent polling and the fact that as labour tries to stay neutral and in the middle that this central ground on the question of brexit is not necessarily serving them well? i think that will come up again because tom watson in his speech will make it clear that he wants to remain in the eu and thinks that's how the party should be campaigning at the general election, and warning about the loss of votes to other parties potentially as he sees it. that is not the position they agreed yesterday, they agreed jeremy corbyn‘s position which was to say that these debates over lever and remain should be put to one side during the campaign and they should revisit it after the election. there are questions over how the decision was reached because although it looked pretty clear that the remain
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position had failed, nonetheless it was done in a show of hands and not a secret ballot where every vote was counted, and some people on the losing side, some wants to move on but some say they want to challenge that. i don't think they will be successful but it shows just how strongly they feel about it and how deep some of those divisions are and how much disappointment there was among some grassroots members that they didn't prevail yesterday. tom watson's message will be to tackle the real enemy as he sees it, that is borisjohnson, the real enemy as he sees it, that is boris johnson, incidentally, the real enemy as he sees it, that is borisjohnson, incidentally, not jeremy corbyn. nonetheless he will talk about the unnecessarily divisive start to the labour party conference and i think this close to a general election usually conferences will be rallies where people get together and speak with one voice but at the moment as one long—standing member of staff said to me, it feels like it is a
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post—election conference where people are arguing over why they lost. the duke and duchess of sussex are on the second day of their royal tour of south africa. harry and meghan have already visited a township in cape town, where they met campaigners fighting against high rates of violence against women and children. today, in fact around about now, they've visiting a beach charity which trains local surf mentors to provide mental health services to young people. it's their first official overseas trip with four—month—old son archie. our correspondent pumza fihlani is with the royals as they tour south africa. tell us about this waves for change project and how the visitors being received? the project has great significance for the neighbouring communities here. cape town has one of the most violent townships and young people get exposed to trauma, sexual
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violence, witnessing the murder of family members and having to deal with mental health issues such as depression. waves of change through the work that they do identify young people exposed to that and try to offer counselling for them and try to do itina offer counselling for them and try to do it in a way that is interactive, teaching them surfing. something that might not be accessible to poor communities, especially black people here in south africa. this is important to harry who spoke about dealing with depression after his mother died. second to that, there is a significant initiative called the lunch box fund providing hot meals. the couple endorsed that and through that endorsement they were able to raise about $30,000 and they said
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they will be able to feed around 600 children hot meals every day and for a lot of people around here that would be the only meal they have access to so it is an important initiative for the local community and they wanted to see first—hand what the young people are doing around that. shortly after that they will be visiting the oldest mosque in south africa and the purpose for thatis in south africa and the purpose for that is to get a sense of this interfaith community which has been built by the people of cape town. religious groups paid an important pa rt religious groups paid an important part at the height of apartheid is trying to break those barriers and bring communities together and fight white minority rule. it is significant for the royal couple to visit communities still trying to bring together a sense of community and culture even with religious divides. thanks very much.
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ina in a moment, the weather forecast but first let's hear what victoria derbyshire has on her programme at 10am. hello, we will be live at the supreme court for the historic ruling in boris johnson supreme court for the historic ruling in borisjohnson ‘s decision to suspend parliament for five weeks in the run—up to brexit, was it legal or illegal, find out at 10:30amjoin us legal or illegal, find out at 10:30am join us live from 10am. i think a lot of us are trying to dodge the showers today, let's find out more with carol. good morning. good morning. quite right, showers and heavy, thundery downpours, this band moving north eastwards across england and wales into southern scotland, another pushing north across scotland and another one coming in across wales and south—west england. quite blustery winds across those showers, but the areas to the south of those showers, and rain, will see some sunshine, the lion's share of which will be across north—west scotland and northern ireland, temperatures
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ranging from 13 and 20 degrees. through this evening and overnight a band of rain in northern england moving out of northern england into scotland, we also see rain pushing across southern counties, quite a lot of cloud around and also some mist and fog forming which could be dense and northern ireland. tomorrow, once again we see rain clearing in the south—east, for england, wales and northern ireland, dry weather, heavy and thundery showers and places, for scotland, looking at more in the way of cloud and also some showers with highs of 20.
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hello, this is bbc news with annita mcveigh. the headlines... the supreme court will reveal its historic ruling on whether suspending parliament was legal at half past ten this morning — we'll be bringing you that live when it happens. the other main headlines — ministers call for an investigation into thomas cook's directors in the run—up to their collapse as thousands of holidaymakers await flights home, organised by the governement. a green industrial revolution, and a promise to half the number of food banks from labour as the party conference continues in brighton a landmark ruling for google on the right to be fogotten — judges rule the search engine does not have remove certain data from their global search results the duke and duchess of sussex travel to the coast in the second day of the royal visit to south africa
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time now for the morning briefing, where we bring you up to speed on the stories people are watching, reading and sharing. the fallout over the thomas cook collapse is still attracting a lot of attention on social media this morning. the hashtag #thomascookstaff is trending with messages of support for thomas cook workers who are now out of a job. some people have been reacting to an emotional announcement by the crew of a thomas cook flight from cancun to manchester. steve w says on twitter: "i really feel for all employees concerned. professional to the end. and others are reporting that money was raised on one of the last thomas cook flights to help those facing job losses. the
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manchester evening news says holidaymakers on a flight from las vegas organised a whip—round which raised £5,000 bbc breakfast spoke to david creighton, who's been a thomas cook pilot for the last 20 years. he described when he heard that he no longer had a job. it was 1am, monday morning, the only official e—mail we had from work, all the work e—mails were cut off quite quickly, we are out of contact with anything to do with work. you we re with anything to do with work. you were here in the uk. luckily. we have crews still stranded all of the world, some in cuba, i've been talking to people this morning in las vegas, they took them to the airport to try and get home, one of the well known carriers said ok, we've got four seats, charge them $10,000 each every seat, we are not
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paid now, they didn't have the money and i'm glad to say that virgin did the right thing and they have looked after the crew, they are getting them home safely for the rest of the week. a couple of other crews, i don't know what's happened, i know the company are doing their best to get them home but management are out ofjobs as well, they've got other things to sort out and it's just a mess, the fallout. the swedish climate activist greta thunberg is trending on social media following her passionate speech at the un yesterday. the hashtag #howdareyou has been used more than 70,000 times in the last 24 hours. it's the question she asked of world leaders and the 16—year—old was visibly upset as she accused them of "betrayal". you have stolen my dreams and my childhood with your empty words and yet, i'm one of the lucky ones. people are suffering, people are dying, entire ecosystems are
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collapsing. we are in the beginning ofa collapsing. we are in the beginning of a mass extinction and all you can talk about is money and fairy tales of eternal economic growth. how are you! well, there's a lot of praise for greta on social media with people saying her speech was inspiring and moving. there's also anger directed at leaders who have failed to act and particularly at president trump, who seemed to mock the teenage activist in a tweet of his own.mr trump wrote: "she seems like a very happy young girl looking forward to a bright and wonderful future. so nice to see!" let's look at what you are reading and watching on the bbc news app. on the most red list, first and second, the most red list, first and second, the first, thomas cook customers in shock over flight crisis, the amount they are being charged potentially to get back from various places
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around the world. one aspect of the story that's continuing to interest you today, and the second, looking ahead to the historic court ruling on parliament suspension, and that is due at around 10:30am. looking down at the most watched, it's the story of a boxer, jamie stewart, who used to be a prolific offender addicted to a drug cold monkey does, his turn that around through boxing, training for his first professional fight and this is part of the we are a stoke—on—trent series, that's at number one and second, let's look back to greta thunberg, you suffer a second ago, this is the moment when she saw president trump unexpectedly at the un climate summit. and take a look at herface. at the un climate summit. and take a look at her face. she at the un climate summit. and take a look at herface. she is at the un climate summit. and take a look at her face. she is looking at those entering the room. and then, the moment she sees donald trump. that's it for today's morning briefing. as we've been hearing,
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in just under an hour's time we're expecting that keyjudgement on the legality of borisjohnson's decision to prorogue parliament for five weeks. let's go back to ben brown, outside the supreme court in central london thank you so much, really atrocious weather here, torrential rain, but inside, i'm sure it's nice and dry and comfortable for those supreme court justices who will and comfortable for those supreme courtjustices who will be giving us theirjudgement in courtjustices who will be giving us their judgement in under an courtjustices who will be giving us theirjudgement in under an hour ‘s time, 10:30am, a crucialjudgement that the government under prime minister borisjohnson will be watching very carefully. mrjohnson currently in new york at the united nations, it will be 5:30am for him, iam not nations, it will be 5:30am for him, i am not sure whether he will be up monitoring that or not but of course, the implications for government are enormous and for him, the supreme court is being asked to decide whether he acted unlawfully when he suspended or prorogued parliament for five weeks. this is
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the scene outside that we can show you, there are people queueing in the rain with their umbrellas, filing into the court to watch these historic, momentous proceedings. and then you can also see some of the protesters who have gathered here on both sides of the brexit divide, people who are saying don't silence ourmps, people who are saying don't silence our mps, that the suspension of parliament was unlawful, defend democracy, they misled the queen, thatis democracy, they misled the queen, that is their view, those are their placards and on the other side, the brexiteers, who have been chanting throughout these hearings last week, we are leaving the european union. so, a number of protesters, not a huge number, i have to say but some protesters outside the court and also gina miller, the businesswoman who is so central to this legal challenge, she arrived at the court a short time ago to hear what the panel of supreme court justices
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a short time ago to hear what the panel of supreme courtjustices are going to decide, she was also central to that case three years ago on article 50, so she is a veteran of these proceedings at the supreme court, if you like. let's discuss what might be decided by the 11 judges with legal experts, professor alison young from cambridge university and robert craig from the university and robert craig from the university of bristol law school. robert, you've been inside pretty much throughout watching the proceedings, can you give us any inkling as to what and how you think this might go? there appears to be a consensus forming amongst the legal community that the government is in trouble. but i think the government is more confident and perhaps the consensus might suggest but it could go either way. we can see some of thejudges were go either way. we can see some of the judges were genuinely troubled by some of the arguments put forward by some of the arguments put forward by lord panic and he is an outstanding advocate. the lawyer for gina miller. and he is one of the
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leading advocates. —— pannick. and if he manages to get people on his side, over the weekend there have been conversations going on and discussions between them and they managed to get themselves to a majority, it can go that way and if it doesn't it could it is extremely difficult to call. alison, i know you studied these things carefully, the 11 justices, individually some have different views really on whether the courts should intervene in this case so in a way, is it crucial, the floating judges in the middle, who might be persuaded either way? in some senses, yes, it's not to say they have different political decisions, it's to recognise some of them look more closely at case law, some of them think it's legitimate for the courts to intervene more than others and so they will be drawing on past cases, past understanding of how far the logo and also within the supreme court you have those who are more
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expert in public law and those who are more expert in family law commercial lots of they will be sharing expertise and talking to each other and i think they will be drawing on those cases and working out which way to go. robert, talk us through how this judgement works, it's not like a jury where they come toa it's not like a jury where they come to a decision and it's one way or another. there will be a majority judgement but then there will also bea judgement but then there will also be a minorityjudgement, potentially where the reasons are given, so explain how that will work. you can never rule out unanimous decisions, it's not impossible but the consensus as i it's not impossible but the consensus as i say it's not impossible but the consensus as i say appears to be there will be some kind of majority and minorityjudgement, there will be some kind of majority and minority judgement, they there will be some kind of majority and minorityjudgement, they won't get together and agree all 11, it's unlikely, there's a lot of very strong personalities and opinions and that's what people are thinking. ideally, this has been pushed since some years ago, you want to have a single majorityjudgement if possible and what is unhelpful is to have a split majority but you cannot rule it out but i think there will
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bea rule it out but i think there will be a lot of pressure given the political salience of this case, the majorityjudgement however big, whatever, we don't know, that it's a singlejudgement, the minority as whatever, we don't know, that it's a single judgement, the minority as we saw in the previous miller case can split, doesn't matter, three minority judges split, doesn't matter, three minorityjudges did not give a singlejudgement in the minorityjudges did not give a single judgement in the last case, it's not quite so important but the minority judgement it's not quite so important but the minorityjudgement is a single unified argument. for the moment, thank you both. we will be back later for thank you both. we will be back laterfor more thank you both. we will be back later for more analysis, waiting for that momentous, historicjudgement here at the supreme court, the highest court in the land, don't forget, at 10:30am. back to the studio. sport now and time for a full round up from the bbc sport centre. holly is here. good morning. world cup winner megan rapinoe has called for greater equality across football after being named fifa women's player of the year. the usa striker took the prize ahead of england's lucy bronze and her teamate alex morgan. while accepting the award,
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she paid tribute to raheem sterling while also raising awareness of issues within the game — urging other players to use their platform to tackle racism, homophobia, and sexism. if everybody was as outraged about homophobia as lgbtq players, if everybody was outraged about equal pay or the lack thereof or the lack of investment in the women's game other than just women, that would be the most inspiring thing to me. i feel that that is my ask of everybody. we have such an incredible opportunity being professional football players. lionel messi took the men's award for the sixth time — beating cristiano ronaldo and virgilvan dijk. the debate over whether messi or ronaldo is the better player has raged for years , but earlier, speaking to bbc breakfast, match of the day presenter gary lineker put himself firmly in the messi camp the truth is we are actually blessed
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to have them both at the same time because they've pushed each other on and they are both absolutely brilliant footballers. i mean, in terms of goal—scoring there is very little between them, both unbelievably prolific, scoring a goal pretty much every game. they have both won everything in the domestic game and in the club game. for me, there isjust a little bit ofa for me, there isjust a little bit of a difference and that is, if you look at lionel messi, probably as good a passer as you've ever seen, as good a dribbler, rinaldo is the best header of the ball i've ever seen but overall, lionel messi is joyous to watch, rinaldo is brilliant to watch. liverpool'sjurgen klopp was named best men's coach ahead of manchester city's pep guardiola and tottenham's mauricio pochettino. liverpool's allison becker won best men's goalkeeper. those awards have been reflected across the back pages. many of them
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reacting tojohnny bairstow is exclusion from the test team for the upcoming tour of new zealand. the express highlighting his poor form during the ashes series. only managing to average just over twenty in test cricket this year. the paper also looks at the continued fall out from manchester united's premier league defeat at the weekend. the mirror reflecting upon that as well — totally lost the headline under an image of manager ole gunnar solskjaer arriving at training. the paper also quotes former untied star paul ince saying solskjaer hasn't been given enough money to invest in the squad and finally the telegraph features wales win overr georgia in the rugby world cup with a picture of george north going over for the sixth try. scotland's campaign has suffered another blow as scrum—half ali price has been ruled out of the tournament with a foot injury. he's the second player to be sent home injured after flanker hamish watson.
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meanwhile england have rung the changes for their next match against the usa on thursday. centre piers francis will make his debut so too will winger ruaridh mcconnochie. only five of the players who started sunday's 35—3 win over tonga will begin the match wales face australia next after beating georgia 43—14 yesterday. they ran in six tries in their bonus point winning victory in toyota city. george north with the last welsh try. they play the wallabies in tokyo on sunday. and we know as a team that we tend to get better as tournaments go on and we build on confidence, so pleasing with a start today, but there is a lot of room for us to improve for next week and a few things to tidy up on. that will be our focus for this week.
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here are two examples from cycling's road world championships of why you should never give up when all seems lost. take a look. antonio tiberi made a disastrous start in the men's junior time trial in yorkshire and the italian was forced to change bikes. after that he then got stuck behind a car but kept on going, and went on to record the fastest time and win the gold medal. russia's aigul gareeva won the junior women's time trial. she must have been going pretty fast. she took a wrong turn and went off course but still managed to finish first. you can follows all today's action across the bbc today. there's live coverage of the women's individual time trial on bbc2 at 2.30 this afternoon. with updates on the bbc sport website and app as well. and a good time to remind you we
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will be bringing you a full roundup of all the sport in the bbc news channel at 6:30pm tonight. for now, that's your sport, more at 11:15am. back to you. the european union's highest court has ruled that tech giant google does not have to apply what's known as the ‘right to be forgotten'. the landmark case being handled by a court in luxembourg centred around whether outdated or irrelevant online information should be removed notjust in europe, but across the world. google argues that such a move might be used by governments as an excuse to extend censorship. athalie matthews is a reputation management lawyer at the law firm farrer and co. good to have you with us. remind us of what this right to be forgotten is all about. the right to be forgotten is a legal right based in data protection law which gives people some say in the kind of
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information that google is allowed to produce when you search your own name. so if you right now work to search art name, particularly for you, a list of results would come up and if there was anything in those results that was problematic for you orfor results that was problematic for you or for whoever was results that was problematic for you orfor whoever was doing results that was problematic for you or for whoever was doing research, for example, something that happened a very long time ago that is causing problems for somebody to move on in their life, you can write to google and you can say this much time has elapsed, this is unfair that everybody can still see this information about me, please stop returning it in a search of my name. it's very important to realise it doesn't remove the material from the source, so for example, if there was an article in the daily telegraph newspaper, just as an example, that was returned and google agreed to delist it, the information stays on the daily telegraph website, doesn't get removed, google stopped producing it. this right to be forgotten exists in europe and there was an attempt to extend this
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worldwide. google was appealing against that. in the european court ofjustice against that. in the european court of justice and has against that. in the european court ofjustice and has won its argument. we should tell our viewers, you've been trying to get into look at the judgement in detail but the website has crashed, so many people are trying to read the detail. so white was google arguing that there should be this differentiation between europe and the rest of the world? essentially, the european jurisdiction particularly strongly protect privacy rights. and google is an american company. obviously the first amendment of the american constitution protects free speech so google comes at this as saying hold on, we need to have a balance, we can't just arbitrate things from the internet. the french authority, the data protection authority in france, that wasn't enough for them, they wa nted that wasn't enough for them, they wanted google to have to remove the search results across the whole world because france is very militant about privacy. how significant is this case in terms of how our data is handled, we expect
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to see more of these battles going on? absolutely, i think these are the current battlegrounds, who is allowed to see what information and where? and as matters stand, there is something of a balance in that people are present, you know, cannot see information if they are in europe but if you get on a flight to america and you google the same persons name you will find the information. so it's trying to get a balance between obliterated it com pletely balance between obliterated it completely and still allowing the public to find it out somehow. really interesting to talk to you, thank you. let's get more on the breaking news in the last hour — that the national crime agency said it has found no evidence of criminality after investigating a series of claims against brexit campaign group leave. eu and the businessman arron banks. our correspondent angus crawford has been looking into the details. tell us more been looking into the details. tell us more about what's been said.
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essentially, this issue, this case, this investigation was all about whether £8 million of funding giving to leave. eu, that campaign by arron banks, whether it was permissible, whether it came from sources actually allowed under law, that is sources which were non—overseas and that was the allegation, the 8 million came from an overseas donor and therefore was not permissible. we know that the electoral commission found breaches of law earlier and had find leave. eu £70,000 but they refer this to the national crime agency and the national crime agency and the national crime agency made it very clear they had investigated this fully, had investigated leave. eu, they had interviewed arron banks and found there was no case to answer, there were no criminal charges that could be brought, in effect, it gave mr banksa could be brought, in effect, it gave mr banks a complete clear bill of health on the funding for leave. eu. in the last few moments, arron banks
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himself has tweeted his reaction, he is obviously very pleased about what he's hearing, he also extremely angry and he is saying he wants to ta ke angry and he is saying he wants to take legal action against the electoral commission, he says no overseas money was used in the brexit campaign, it was my money, that's what he says. we intend to issue a claim against the electoral commission for the decision to refer this matter to the national crime agency publicly, he claims this has cost him a huge amount of money, he refers to £10 million is an amount of money he's lost, he is also very angry with certain media organisations, he says he may be bringing action against them as well, clearly going on the offensive and he's been supported by nigel farage who has treated in the last few moments that i'm pleased that the nca had cleared and banks, the appalling establishment campaign against mr banks must end. and he goes on to say heads must roll, beginning with those at the electoral commission who without
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evidence, this is the claim for mr brash, claimed criminal offences may have been committed and he finished with one word, disgusting. angus, thank you for bringing us up to date. the time is almost 10am, a reminder that in about 30 minutes time we expect that historic judgement from the supreme court when it rules whether or not, first of all, it's the court ‘s business to discuss such matters as the suspension of parliament, if it rules it is then it will decide whether or not borisjohnson suspension of parliament was unlawful. it's time for a look at the weather. here's simon. good morning. no great surprise that rain is trending on social media. it's been an awful start to the date for many of us, look at the radar from earlier. some thunderstorms mixed in with the heavy rain spreading northwards, a lot of rainfall in a
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short space of time through this morning, lots of paddles on the roads, quite unpleasant conditions out there and that's one of the photos from surrey this morning. you can see by the bright colours, heavy rain continuing to move north and east into north—east england, south—east scotland during this afternoon, brighter skies in north—west scotland and northern ireland, we see brighter weather developing across wales, the midlands, south east of england but also some heavy showers moving back in across the south—west. with that, fairly gusty conditions as well. wind gusts about 40—50 miles an hour especially around the coast of wales and the south—west of england, by this evening and the rush—hour unpleasant conditions in the south—west and north—east. through tonight we continue with showers moving in across england and wales. temperatures staying up in double figures, about 10—14 or 15 degrees. for wednesday, at low pressure still across the uk, gradually moving eastwards but a look out for the
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atlantic, you can see another area of low pressure waiting in the wings, staying very unsettled over the next few days. wednesday morning certainly a much drier start compared to today, there will be a writer skies, sunshine developing, some cloud and showers across northern areas in particular, temperatures on a par with today, 17-20d. into temperatures on a par with today, 17—20d. into thursday, the area of low pressure gradually moving in, the white lines closer together and these weather fronts crossing the uk, meaning it will turn wet and windy again during thursday. the rain spreading out into the north sea, some sunny spells following behind it, some showers into northern ireland, northern and western areas of england, wales and scotland. but gusty conditions on thursday, temperatures again getting into the mid to high teens. for the end of the week, low pressure always going to be close by, we have opened up going to be close by, we have opened up the door to the atlantic, remaining and settled, rain at times, quite breezy, temperatures round about the average for the time
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of year, you can see for friday and into the weekend for many of us, still outbreaks of rain at times, temperatures about a 15—18d. keep the umbrella handy. goodbye.
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hello, it's tuesday, it's ten o'clock, i'm victoria derbyshire. it's judgment day in the supreme court. in half an hour's time justices are set to rule on whether the pm's decision to shut down parliament was lawful or not. this is forbidden territory. it is a matter between the executive and parliament. we've got here the mother of parliaments being shutdown by the father of lies. rather than allowing lies to triumph, listen to the angels of your better nature. and rule that this prorogation is unlawful. we'll bring you the judges‘ decision live, plus lots of reaction.

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