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tv   BBC News  BBC News  September 17, 2019 1:30pm-2:01pm BST

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cancer treatment and dedicated her record—breaking achievement to other survivors. sarah, her mum and support team are taking it easy not too far from where we are on the seafront at sandgate. nobody really knows what effect the swim will have on her, mentally and physically, that what is certain is she has won praise from around the world. one tweet from around the world. one tweet from endurance swimmer lewis pugh, who swam the length of the channel, he says, extraordinary, amazing, superhuman. just when we think we have reached the limit of human endurance, somebody shatters the record. studio: thank you, robert hall. we are all on a high, louise? orat hall. we are all on a high, louise? or at least under one? lots of dry, settled, sunny weather for many others, staying centred across the uk.. weak weather front
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threatening tonight and into tomorrow. a dry, settle picture for most of those, more of a breeze in the far north—west of scotland, here that will temper the temperatures at a rent of 15 degrees. highs of 19 to 20 degrees further west. temperatures will fall away. green descends across the country, temperatures widely into single figures first thing tomorrow. a chilly start, low single figures first thing. early morning mist and fog, the weather front is starting to show its hand up into the far north—west. the high—pressure state with most others, dry and settled weather across england and wales, more cloud into northern ireland and scotla nd more cloud into northern ireland and scotland and some light, patchy rain continuing into the far of scotland.
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temperatures of around ten to 20 degrees, almost a repeat performance into thursday. the front pulls away., the into thursday. the front pulls away. , the high into thursday. the front pulls away., the high is then set to drift higher east as we move into friday and the weekend. that has a subtle change to the story, the winds swing from a south—easterly, driving more warmth in the near continent, pushing across the country. a breezy day on friday potentially, but more warmth, so you will probably cope with that quite nicely. i9 warmth, so you will probably cope with that quite nicely. 19 or 20 not out of the question in scotland, highest values are 22 in the south east corner. this weather front waiting in the winds from the atla ntic waiting in the winds from the atlantic for the start of the weekend needs to be painted out, but the winds swing rent to a southerly and it. to feel humid across the country. lots of sunshine and try weather for the bulk of the day, temperatures peaking may be into the
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mid—20s, 77 fahrenheit. by the end of the afternoon, some sharp country downpours and by sunday some of those could be moving steadily east. some heavy, possibly thundery and quite torrential at times. that might spoil any plans for outdoor activities for the second half of the weekend. keep abreast of the forecast, we will keep you updated. a reminder of our top story... high drama at the supreme court as judges decide whether borisjohnson acted unlawfully when he suspended parliament for five weeks. that's all from the bbc news at one, so it's goodbye from me, and on bbc one we nowjoin the bbc‘s news teams where you are. it might not seem that long ago when
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liverpool beat tottenham in the champions league final injune that european football is back. it all sta rts european football is back. it all starts tonight with liverpool taking on napoli, one of the teams that beat them in their group stage last season. beat them in their group stage last season. and they will be without origi. we will try to reach the level from last year again. we do not know what level it was meant to be honest. we want to be as consistent and leased as last year but played a football of this year. frank lampard will lead chelsea in the champions league for the first time that they play valencia. and pa rt time that they play valencia. and part won the competition as a player. he had watching it from the dugout as manager will be special. it is the ultimate in club football, in terms of competitive club football. there is something about nights at stamford bridge, the
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champions league music, the memories we have here at chelsea and i want to experience it on this side of the sense. neymar has had a ban lifted after he assaulted officials. he will be available for the trip to bruges next month. he criticised officials after watching his side's lost to manchester united which he watched while out injured. we have three days away from the start of the rugby world cup. a little longer for the home nations to wait to get their campaigns under way. new zealand remain favourites. sam warburton believes half a dozen side have a realistic chance of winning it. you have new zealand, south africa, england. if ireland and wales can recapture the form they have shown they can get to a final.
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full viewers, red bee, there are normally two front runners. —— by. normally two front runners. —— rugby. this is the most open world cup we have ever had. bill beaumont insists he will make sure rugby becomes a strong, global game that is after plans for a nations championship were abandoned. he said the governing body would focus on making the less developed countries more competitive. we are trying to look at competition, whereby maybe it isa look at competition, whereby maybe it is a global tier two competition where all the countries play in that. we had the north north america's cup. we are notjust sat on our hands doing nothing about it, i will make sure we are certain to have a global game. the english neville teema featuring a new international competition, scheduled
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to ta ke international competition, scheduled to take place next year. —— netball tea m to take place next year. —— netball team will feature in a new international competition. it will be their first appearance in front ofa be their first appearance in front of a home crowd since the world cup in liverpool during the summer. that is all for us from now —— for now. welcome back. the supreme court has begun hearing two appeals to determine whether the prime minister acted lawfully in suspending parliament for five weeks. scotland's highest civil court — and the high court in london — have given different rulings on the shutdown. the prime minister says he will "wait and see what the judges say" before deciding whether to recall parliament. at the outset of the hearing, the president of the supreme court, lady hale, emphasised that the case
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is only about whether or not the prime minister's advice to the queen was lawful. we have before us two appeals, one from england and wales and one from scotland. they both involve the same issue. whether it was lawful for the prime minister to advise her majesty to authorise the prorogation of parliament by order in council. this isa parliament by order in council. this is a serious and difficult question of law. it is amply demonstrated by the fact that three senior judges of law. it is amply demonstrated by the fact that three seniorjudges in scotla nd the fact that three seniorjudges in scotland have reached a different conclusion from three seniorjudges in england and wales. the supreme court exists to decide such difficult questions of law. and we shall do so in accordance with our judicial oath, to do right to all
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manner of people according to the laws and usages of this round without fear or favour, affection or ill will. 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. lord pannick — who's representing gina miller, who is challenging the parliamentary shutdown — argued that the high court was wrong when it decided that the suspension of parliament was a "purely political" move and "not a matter for the courts". identifying whether a power has been
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used for a valid purpose is a legal question. it is not a political question. it is not a political question. it is a question for the courts and the rule of law so demands. this court is not being asked to identify a list of purposes for which prorogation would be lawful, nor is this court being asked to specify what would be a valid period of prorogation. the court is being asked to answer the legal question of whether it is within the scope of the power conferred on the prime ministerfor him to exercise it for the purpose
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alleged. it was argued the motivation for preventing prime minister because he saw it as a threat and he wanted to silence it. joanna cherry is the scottish national party mp who has led the legal bid to try and stop parliament from being closed, from being suspended for five weeks. i spoke to harry minutes ago.|j being suspended for five weeks. i spoke to harry minutes ago. i will use the words of lord drummond young. he said it is not thejob of the judiciary young. he said it is not thejob of thejudiciary to young. he said it is not thejob of the judiciary to scrutinise the government but when the government prevents parliament from scrutinising it then the judiciary can step in. we say borisjohnson is a prime minister who cannot command a prime minister who cannot command a majority in parliament and he shut
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parliament down for five weeks so he can parliament down for five weeks so he ca n p reve nt parliament down for five weeks so he can prevent us from scrutinising the brexit process. as the president of the supreme court said at the start, it is not about whether brexit goes ahead, it is about whether parliament gets to scrutinise the government as we get towards the sist government as we get towards the 31st of october. he said he suspended parliament for the queen's speech. how can you prove his motive was for something different? the three senior scottish judges in the supreme court looked at the evidence they had looked at position of the government and drew the inference thatis government and drew the inference that is why borisjohnson did it committee is shut parliament down and stymie scrutiny and described it as egregious. i was delighted when gina miller's qc adopted what the scottish court said in its entirety. iam scottish court said in its entirety. i am cautiously optimistic the
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supreme court will follow the scottish court. if they do not they will be accepting it is possible under the british constitution for a prime minister of a minority government to shut down parliament if it is getting in his way and that cannot be right. anotherjudge said, whatever boris johnson did cannot be right. anotherjudge said, whatever borisjohnson did albeit disgraceful, it is not a matterfor the court, it is a political matter. i respect him but three scottish seniorjudges have said otherwise and had given detailed reasoning. one of the most senior qcs this morning has adopted the proceedings of the scottish court but i think what the scottish court has said will prove decisive and persuasive. if it is ruled that borisjohnson has not acted lawfully, what you think will happen? i think will
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start to sit immediately and mps like myself should be able to get back into the chamber and get back into committee and get on with the job of scrutinising parliament. that isjoanna job of scrutinising parliament. that is joanna cherry from the job of scrutinising parliament. that isjoanna cherry from the snp. i am joined by robert craig from the university of bristol law school. for academics like yourself, this sort of grey area between vellore and the unwritten constitution and politics is absolutely fascinating. you have been inside beryl morning. what do you make of what you have heard? it what do you make of what you have heard ? it is what do you make of what you have heard? it is purposeful. lord pannick is a silky advocate. he relied quite heavily on theoretical argument. he was pressed by another lord to move on from the academic theory, to the case law. he did move on eventually that it was
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interesting to see how much weight lord ten point had placed on academic opinion and comments. the central case, borisjohnson tried to silence parliament because he sees it as silence parliament because he sees itasa silence parliament because he sees it as a threat and an obstacle. —— lord pannick. to make the ii judges certain that was the motivation of the prime minister. what lord pannick said, in the absence of a witness statement, the court was entitled to infer from the evidence they had got and enjoy inferences from that in the evidence of a rebuttal from the government, he made a lot of claim about the evidential side. because we have not really had any sort of written statement from the government, from the prime minister explaining the decision to suspend parliament. has not been a witness statement, that
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has not happened. we have got the skeleton argument setting out the position of the government but that is not quite the same thing. how do you see it going so far? it is early days. it will be three days of hearings. you may not get a judgment till next week but what is your gut feelings? the submissions were better than the high court. almost more confidence. it was more fluent. you cannot read anything into that, nor into the interventions by the judges. it is too early to say. the orthodox position, which the divisional court set out in my view, is going to be a huge factor for the judges but the scottish court is senior. the orthodox position is that this is not a matterfor the courts. it is not really a matter of law. if the ii judges here where to
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find against boris johnson law. if the ii judges here where to find against borisjohnson and say he acted unlawfully, what extent would that be getting out on a bit ofa limb? would that be getting out on a bit of a limb? it is a matter of academic dispute. my opinion is it would be an extension of the law are not within the historic rules that had been laid out. others disagree. there is a huge weight of academic argument in recent weeks on the side of miller. there has only been someone on of miller. there has only been someone on the ucla blog and myself on the same policy exchange site, he had pushed back a bit. academic opinion seems to be leaning one way. thejudges will not opinion seems to be leaning one way. the judges will not care about that. iam sure the judges will not care about that. i am sure they care about what you say. the pointjoanna cherry was making, if the prime minister here can suspend parliament for five weeks, what's to stop any prime
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minister ever, our unwritten constitution prorogueing parliament forup toa constitution prorogueing parliament for up to a year? there are multiple occasions where parliament needs to provide many full government. there are waypoints when the government cannot avoid coming back to parliament. it is possible six months could be a problem. in paragraph 66 of the divisional court judgment they thought, it was not a useful way to approach this kind of case. many academics think that is a mistake but that is an intelligible way to do it. this is not a six month prorogation, it is a five—week prorogation. it is argued this is a political question, dangerous territory in some ways forjudges
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where politics is concerned. she said this is what the supreme court exists for, to resolve this sort of issue. the supreme court exists to resolve differences with the lower courts. you have the top court of scotla nd courts. you have the top court of scotland diametrically opposed to the high court decision in england. the supreme court is there to come toa the supreme court is there to come to a definitive answer, which does indicate some remit we have heard that the supreme court might give different answers for different jurisdictions, that suggests we could possibly downplay the possibility of a different answer for each jurisdiction. if they did find, if they found against the prime minister, what would they say? the suspension of argument was null and void and he now has to recall parliament? would that be the implication? this territory is extremely legally complex. the declaration it is unlawful, does it
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mean the advice was unlawful? what pannick has also said, it means the order of council and the procedure inside parliament to prorogue parliament, it is all made void. if thatis parliament, it is all made void. if that is the case, it is extremely difficult because proceedings in parliament cannot be considered or questioned or impeached in court. if there is such a legal chain then there is such a legal chain then there are serious questions. if the initial decision is wrong, questions as to whether it puts a cloak over all the decisions are naked not considerate. complex discussions. i feel like i have just considerate. complex discussions. i feel like i havejust been considerate. complex discussions. i feel like i have just been at one of your lectures. let's get the latest business news.
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apple is in court in an attempt to overturn a european commission ruling which says it owes ireland more than £10 billion in back taxes. brussels ruled three years ago that apple's effective tax rate of i% in ireland amounts to illegal state aid. apple and the irish government argue that the arrangement is legal. the deadline for smart meters to be rolled out in homes across the uk has been delayed by four years. while customers don't have to install them, energy providers must offer them to everyone but now they have until 2024 to do so. the companies have warned the technology is not ready and many customers have complained their smart meters don't work as promised. the office space provider wework is reportedly planning to delay its stock market flotation with investors questioning how much it's really worth and raising concerns over its management. it had planned to sell shares next
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week at a price which would have valued the company at almost £38 billion but that's expected to be put on ice until next month. the oil price has been rising again today, as nerves continue about the disruption to supply in the aftermath of the attack at the weekend on a petroleum refefinery in sudi arabia. the drone strike on a saudi aramco have cut the nation's output by half. the us energy secretary has today reaffirmed his president's to release oil from the strategic petroleum reserve if needed to offset any potential disruptions, in a bid to calm markets. emma richards is an oil and gas analyst for fitch solutions. good afternoon to you. the big question in the minds of investors in the immediate term is how long
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the disruption will go on for and what it will look like. we are hearing this lunchtime that perhaps the saudi company is saying to some of its clients, you could just be a matter of days rather than weeks. the honest answer is we do not have too much clarity on that as of yet. they have been reassuring buyers that they will meet obligations in october. that would suggest they are reasonably confident they can restore at least most of the supply that was taken offline within a matter of weeks, rather than months. they had said they might be able to provide the volume of oil but it comes in different grades, doesn't it? there will be some crude quality issues and buyers might have to look to other markets to replace lost output. in general it seems it will be able to meet the majority of its commitments more or less to the satisfaction of the buyers. it has shone the spotlight on the fact there are strategic reserves around
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there are strategic reserves around the world. how much is and how much will it compensate for the kind of disruption we are seeing? for the aa members, they keep 90 days storage in reserve. there is huge capacity to meet outages in saudi arabia, if we see coordinated releases by iaea members, that could help. when you see strategic releases and commercial rudimentary is coming down, it may not be enough to settle the prices. we always say a higher oil price tends to be good for oil producers. when you look at this saudi company, some are saying it could threaten their plans to float. i think the concerns may be overblown. it depends how they handle this whole situation this is the worst that could happen to this
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company. if you are a potential investor and you see them managing to bring supply back online quickly managing to keep buyers well supplied with minimal impact to operations and revenues, that would give you a good degree of confidence investing in that company filter if we see attacks of this nature repeated by that is a whole different ball game. this is the big worry. it raises tensions across the area and highlights once again how strategically important the middle east is. it was always an underlying concern and an underlying threat to production in the region. for saudi arabia to be hip to this extent, it brings their fears to the surface. it does at the anti—for the stand—off between us and iran raises the risk of a more direct military confrontation in the region. we can see a bit more risk over the coming months. thank you. some other business news in brief now. plans to create 1,000 newjobs
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at a new fertiliser mine in the north york moors are now in doubt after the company behind it said it was struggling to raise money. sirius minerals singled out brexit and the lack of government support as reasons that it's had to abandon a plan to raise more than aoom on the bond market. it says it will spend the next six months trying to find money from another source. the northern irish company which builds london's routemaster buses — also known as the boris bus — has confirmed it's still looking for an investor to save it and its moo jobs from administration. the wrights group says it's optimistic it can find a deal that will allow it continue to build boses for london, dubin, las vegas and hong kong. a prominent northern irish business man confirmed to the irish times last night that he was no longer interested. the fashion retailer french connection says it's in talks with a number of potential buyers. we already knew that management was "reviewing....strategic options"
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including a potential sale. today the british headquartered retailer revealed that its losses had narrowed in the first half of the year and that it expects to announce some kind of deal by the end of this year. let's look at the markets. oil prices are bouncing around. that's all the business news. now it's time for a look at the weather with louise. a lot of dry, settled and sunny weather with cloud in the north—west. the arrival of a weather front will move through tonight overnight and into tomorrow. straightforward as we go into the rest of the day, dry, settled and sunny with a bit more of a breeze. the highs will be up to 19, perhaps 20. the clear skies by day will
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allow temperatures to fall away overnight and we will see widespread single figures across the country. a chilly start to wednesday morning with the potential for mist and fog patches to form. the high pressure stays with us, driving the weather story at the moment. this weather front will bring rain into western scotla nd front will bring rain into western scotland and the north of scotland. bits and pieces of nuisance rain. cloud in scotland and northern ireland for the afternoon. the best of the drier, sunnier weather in the south with highs of 19. the high pressure stays with us on thursday, dry, settled and sunny and a weather front dry, settled and sunny and a weather fro nt m oves dry, settled and sunny and a weather front moves away. it is still there for the end of the working week that it is drifting further east. that means the wind direction will move more easterly, maybe southerly and
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more easterly, maybe southerly and more warmth will happen this weekend. dry with lots of sunshine to look out for. warmth spreading its way further north. highs of 19 in scotland, maybe 22 in the south—east corner. their wins were pushed to a southerly, which will drive in more humidity perhaps for the start of the weekend. with weather fronts threatening in the wings, make the most of the weather on saturday if you can temperatures will peek into their mid—20s in the south—east corner for the end of the day there is a risk of thundery showers which will push their way steadily eastwards. on sunday we could see humidity continuing that sharp, thundery downpours which could spoil your outdoor plans. whatever you are doing, enjoy the dry weather.
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hello, you're watching afternoon live — i'm simon mccoy. today at 2:00pm: the supreme court begins hearing two appeals which will decide whether borisjohnson broke the law by suspending parliament. identifying whether a power has been used for a valid purpose is a legal question. it is not a political question. let's wait and see what they say. would you be ready to recall parliament if that is what the supreme court says you should do? i think the best thing i can do is wait and see what the judges say. iam i am reporting live with implications that could have
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wide—ranging

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