you're watching bbc newsroom live, where the row over borisjohnson's decision to suspend parliament will return here at the supreme court for a second day. i cannot look you straight in the eye and tell you that any real progress has been achieved. you're watching bbc newsroom live, where the row over borisjohnson‘s decision to suspend parliament will return here at the supreme court for a second day. today the court will hear from the government's representative, and from scotland's highest civil court was right to rule that the move to suspend parliament was unlawful. our other stories this hour...

no clear winner in israel's general election. prime minister benjamin netanyahu hopes to form a coalition, but his main rival, benny gantz, says its time for change. the first court hearing in the prosecution of a former soldier over bloody sunday in londonderry in 1972 is due to get under way this morning. he's facing two charges of murder and five of attempted murder. in sport, liverpool conceded two late goals as they began the defence of their champions league title last night, with a 2—0 defeat against napoli. coming up, the bbc publishes a series of in—depth online guides. today's edition focusses on energy, looking at what we can do in our homes to meet current climate pledges.

good morning and welcome to the bbc news at 9am. the outgoing european commission president, jean—claude juncker, says there is a "palpable" chance of a no—deal brexit. he said britain had come up with no concrete proposals to replace the backstop, the contingency plan to avoid a hard border in ireland. politicians in strasbourg will vote later on a resolution calling on the uk to leave the eu with a deal. let's speak now to our brussels correspondent adam fleming who's in strasbourg... adam, as we get ever closer to the sist adam, as we get ever closer to the 31st of october, do you detect any change in tone asjean—claude juncker was speaking this morning? well, jean—claude juncker was updating meps after his lunch with borisjohnson in updating meps after his lunch with boris johnson in his updating meps after his lunch with borisjohnson in his native luxembourg on monday, another location to throw into the already complicated mix! and he said he came away from that lunch with the idea that a no—deal brexit, britain leaving the eu with no agreement

that all on the 31st of october, was a real and palpable prospect. he then gave with one hand when he said he was not emotionally attached to the irish backstop which is in the withdrawal agreement and the big sticking point, but he then took from the uk with the other hand, saying he was still committed to the overall objectives of the backstop. so any ideas that the uk will come forward with, and he called for them to come forward with them, they must do the same thing as the backstop with the existing deal. eu officials think it will be very difficult to come up with something different that it does the same job. and then right at the end, he switched from french into english to make what i thought was a very important point, and which i think will disappoint some people in london. what he said in code was in my last few months of office as european commission president, i will not sacrifice ireland to get a deal with the uk. here is how he put it. there are 27

members of the european union and they have spent two and a half years negotiating with the uk, looking for ways to organise. during this time the european union has shown great unity of purpose and solidarity with the member states most affected. this unity is our most precious resource and our this unity is our most precious resource and our greatest asset. it will continue to guide me over the next few weeks and i am sure it will continue to guide this house also in the future. then we heard from michel barnier, the eu chief negotiator, who was at that lunch in luxembourg with jean—claude juncker and boris johnson on monday. his points were more technical and appealed to aficionados of the deal. he gave a big thumbs up to one of the uk proposals which is the idea that northern ireland will continue to follow european rules when it comes to agriculture, food, animal and

plant products, which the uk calls on all ireland sps zone. but he gave a thumbs down to one of the other bike aspects that the uk has proposed, which is a greater role for the stormont assembly, the northern ireland political institutions. during the negotiations, during any transition period and then when any backstop like arrangements came into force. he was what the chief negotiator had to say. it is up to the uk government to ensure that the support of the northern ireland institutions will be signed on behalf of all of the uk regarding the withdrawal agreement. and we have provided for a number of provisions in the withdrawal agreement on the application of the provisions in the implementation of the backstop if it were to be activated. and on this matter, as of others, allow me to echo president juncker in telling you that we are

open to any uk proposal and are willing to work day and night towards progress. adam, interesting that mrjuncker said again and we have heard this from top european officials that the uk had come up with no concrete proposals to replace the backstop. what is your sense and take of, you know, even if the uk was to come forward now and there would be a lot of negotiation to be down around us, no doubt, rather the eu, the 27 countries, the united of purpose countries as mr juncker refer to them, would have the patience to allow that process to be worked through? that is a really interesting question. the first thing to say is that the eu is really keen to appear to be the good quy really keen to appear to be the good guy in the situation, and they do not want to be responsible for a no—deal brexit, or seem to be responsible for one. that means that

their door will remain open to negotiate with the uk at any point, at any negotiate with the uk at any point, atany time, negotiate with the uk at any point, at any time, forever however long that they want, right up until the last possible second. but that it is a presentational thing about making sure that they cannot be blamed for shutting the door or not listening to what the uk says. what really matters is whether the uk can come up matters is whether the uk can come up with a detailed, written, coherent proposals that meet their red lines. and as i said, the eu officials doing the negotiations are not convinced that there will be any proposals that could do the same job asa proposals that could do the same job as a backstop in a different way. and it is a really interesting sort of chat happening in the uk at the moment about whether there is something on the table or not. the uk have said we have come forward with ideas and it is true that the eu is learning more about what boris johnson wants from an alternative deal. the negotiations are getting more focused and more precise, but they are not focused or precise enough for the liking of the eu. they also think that there might be a great spurt of activity after the

tory party conference and that is when borisjohnson tory party conference and that is when boris johnson might tory party conference and that is when borisjohnson might go into full deal—making mode. they have said that that will be very little time because the tory party conference goes until the middle of the first week of october, there is a european summit on the 17th of october, and any new revised deal would have to be ready, probably at least one become an advance of that european summit. so that we should, what? seven incredibly frantic days. iam not what? seven incredibly frantic days. i am not telling you it is impossible, they have managed to make big leaps before and short spaces make big leaps before and short s pa ces of make big leaps before and short spaces of time but that would be a big ask. 0k, thank you for that, adam fleming in strasbourg. and you can watch the live stream on the bbc parliament channel of the european parliament.

and we can hear more from our colleague ben brown who is at the supreme court, more on those legal challenges. hello and welcome back to the supreme court for more action, as we resume the hearings into whether borisjohnson acted lawfully in suspending parliament. it all centres around the question of whether boris johnson was it all centres around the question of whether borisjohnson was acting within the law when he advised the queen to suspend parliament for five weeks. there are two different judgments from the lower courts that are being considered here at the supreme court. the scottish courts decision that borisjohnson had acted unlawfully, that he had tried to stymie parliament and the english high court was my decision that this is not a matterfor the high court was my decision that this is not a matter for the law or the courts. yesterday, the barrister of gina miller, the businesswomen who got involved in this case, heart barrister lord pannick argued that

suspension of parliament was a matter for the courts. he said suspension of parliament was a matterfor the courts. he said it was an attempt by the prime minister to avoid scrutiny from mps, in other words, to silence parliament. this morning, the court will hear from first treasury counsel sirjames eadie qc with the government response to that. later we will hear from lawyers for the group led by the snp mp,joanna from lawyers for the group led by the snp mp, joanna cherry who want the snp mp, joanna cherry who want the scottish court ruling which found that suspension of parliament was unlawful to be upheld. three days of absolutely critical hearings. let us consider what has been said already and what will be said today. i have got the barrister and legal commentatorjeremy brier with me and also professor alison young, professor of public law at cambridge university. good morning to you both. jeremy, first of all, what are we expecting today and how

important will today be in these proceedings? today is an absolutely critical day, particularly for the government. they had a difficult time yesterday. lord pannick was on his feet yesterday morning for gina miller, putting that case against the government as to why fluoridation was unlawful and why it effectively stymied parliamentary solidarity. —— why prorogation. today i think they will start with the question of where can the court get involved and where does the court will draw the line and say, this is actually not a legal matter anymore, this is about politics and policy, and that will be the real ci’ux policy, and that will be the real crux of sirjames eadie plus max emissions this morning. is that how you see it, alison young? yes, i think he will look at the legal standard that lord pannick suggested and say that there is no legal

standard present. we have heard about proper purpose and improper purpose. there was a discussion yesterday about when you have a powerful statute, you can look at that to work out what the purposes, but this is not a power that comes from statute, it is a common law power that comes from, what we talked about in the first miller case. a prerogative power. there is no way for the law to latch onto a proper and improper purpose. no way for the law to latch onto a properand improper purpose. i no way for the law to latch onto a proper and improper purpose. i think you can focus on those angles of the case to say that really, when we talk about length, that is for politicians to decide not the courts. interesting yesterday, wasn't it, jeremy, that a lord keen of the government was asked by one of the government was asked by one of the government was asked by one of thejudges, well, what happens if we say that mrjohnson has acted unlawfully and what follows from that? yes, the one thing that nobody really knows is what is the remedy, what happens here if the government is found to have acted unlawfully? lord keen gave us a politician was my answer when he said that the

prime minister will act accordingly but the justices were not having any of that and said, no, i want to know in writing what you are going to do. he said talk to your opposing counsel and work it out and let me know. we will find out perhaps this morning. just to say, gina miller, the businesswoman who is so central to this case and also central to the article 50 case here isjust arriving in court. she goes inside the court. yesterday, very quiet reception. yesterday as she left court she was booed and jeered and pretty much equal measure by the demonstrators who were out here in force on both sides of the brexit divide, remainers and leavers. some of them cheering and some booing. it is much quieter today, not much sign of demonstrators at all. jeremy, going back to what they government's

lawyer, lord keen, was asked. he was asked by one of the judges, actually, if it comes to it and the prime minister has to advise that parliament is recalled and parliament is recalled and parliament is recalled and parliament is recalled, might he then just parliament is recalled, might he thenjust prorogue it parliament is recalled, might he then just prorogue it or suspend parliament is recalled, might he thenjust prorogue it or suspend it ain? thenjust prorogue it or suspend it again? to that, lord keenjust said he could not comment. exactly, because lawyers are being asked questions that are really questions for politicians. of course, boris johnson might well do that. we simply do not know at this stage. in one sense you might say that some of the political machinations across the political machinations across the road and the houses of parliament and in downing street are actually moving ahead faster than the legal cases. we have already had an act of parliament about stopping an act of parliament about stopping a no—deal brexit. so the effect of this case will be massive in terms of constitutional law for people like allison, but i wonder if it will have a real effect on the brexit process itself. alison young,

one point raised yesterday was that of parliament are so worried about being paroled, it could have passed a bit of legislation saying it would not have been suspended and why did it not do that? yes, but you have to put it into context in the short amount of time that parliament had after it came back from the summer before the period of prorogation, so mps were thinking of other issues, trying to get other pieces of legislation through. you had to the hilary benn bill that became their withdrawal agreement number two 2019 effectively! you had those elements coming through and they could have done that, but you had political choices about what they will and will not do. and it would be unrealistic to suggest that they had to move then if they wanted to say something about prorogation. thank you both as ever. proceedings get under way at 1030 and we will hear from both sides of the argument, the second day of hearings. we do not

know when we will get the judgment, which will have such enormous legal and constitutional political implications. it could be towards the end of this week or the beginning of next week. from the time being, back to you in the studio. thank you, ben brown. jeremy corbyn has said labour is now the only party promising to let the people decide the fate of brexit, through a second referendum. writing in the guardian, the labour leader has given his strongest indication yet that he would remain neutral in any such public vote. our assistant political editor norman smith is in westminster. norman, is this a sensible way forward for labour to weave its way through a complex situation, or is it sitting on a fence? well, i think it sitting on a fence? well, i think it rather depends which are you take of brexit and jeremy corbyn's approach to it. what we now have is, i think, approach to it. what we now have is, ithink, mr approach to it. what we now have is, i think, mr corbyn's final brexit

position after months of internal debate, which is in the event of a general election, basically, to sit it out and do not take sides on brexit. what he is suggesting is that once no deal has been avoided, the labour party would campaign for a general election, but going into that, the party's position would be to say that they will try and secure another brexit deal, a labour party brexit deal that would involve membership of the customs union, and then they would put that into a referendum alongside the option of remain. but they are not seeing and jeremy corbyn is silent on whether in that event he would back remain or back the labour brexit deal. all the indications are that mr corbyn are seeking to copy the strategy pursued by harold wilson when he was prime minister and faced with a similar predicament in 1975 on the first referendum, when you had a

bitterly divided labour party, divided country and the way that he got around that was to hold a referendum which he basically sat it out. he did not take up the position and he allowed rival members of his cabinet to fight on either side. so he had tony benn leading those on the labour side who wanted to get out of the common market and others like royjenkins leading those who wa nted like royjenkins leading those who wanted to stay in the common market. and that kind of worked for harold wilson, actually. he managed to hold the party together and emerge in one piece. could jeremy corbyn pull off the same trick? very difficult. i think perhaps the problem is that this debate now has become so polarised, so divided that it is questionable whether there is any longer the centre ground thatjeremy corbyn seems to want to occupy. normally, thank you very much. let us normally, thank you very much. let us head back to strasbourg and the european parliament, where nigel farage is speaking. let us listen.

and that their withdrawal agreement, the worst part is that any future relationship works —— relies on good faith. we put ourselves entirely in your hands, indeed actual mercy. and i would suggest that events that we have seen across europe this week do not indicate that good faith exists. lam not indicate that good faith exists. iamof not indicate that good faith exists. i am of course referring to the pipsqueak prime minister of luxembourg, who set out to ritually humiliate a british prime minister in the most astonishing way, only to be greeted like a hero by president macron at the elysee palace yesterday. and it is very clear to me that keeping us trapped inside this was the objective of michel barnier from the start, to keep us inside and you said it this morning, to keep us inside the customs union. and we have seen from other speakers today, the fear is that the uk breaks out of the customs union, breaks out of the customs union, breaks out of the customs union, breaks out of the single market rules and may become more

competitive and we become much welfare. outside the european union than within it. mr hoss that, we wa nt than within it. mr hoss that, we want no part of your european empire, the only way to deliver on the referendum is for a clean break brexit. once we have done that we will have a grown—up conversation about trade and the way forward. thank you. —— guy verhofstadt. about trade and the way forward. thank you. -- guy verhofstadt. that is the leader of the brexit party, nigel farage, calling for a clean break brexit speaking at the european parliament in strasbourg. israelis are facing fresh political deadlock after their second general election in five months appears to have produced another inconclusive result. exit polls from yesterday's voting suggest that neither the likud party of the prime minister, benjamin netanyahu, nor the centrist

alliance of his main rival have won enough seats to form a government. our middle east correspondent, tom bateman, has been following the night's events from tel aviv. israeli tv exit polls showed no decisive victory for any side. with votes still being counted, it could take weeks of coalition talks before the next government emerges. mr netanyahu is israel's longest—serving prime minister. the king, the magician, his supporters call him. but some of the magic seemed to wear off last night. the exit polls left him in an even weaker position than after april's election. in the summer, the rug was pulled on the new coalition by the former defence minister, avigdor lieberman. he said mr netanyahu was too reliant on ultra—religious parties in israel. this time around, he called for a fresh government, which could mean one without mr netanyahu. translation: both financially and in terms of security, we are indeed in a state of crisis.

therefore, the country requires a broad government. during the campaign, perhaps sensing more political gridlock, mr netanyahu appealed to israel's nationalist right wing, pledging if he won to annex part of the israeli—occupied west bank, which the palestinians want as part of a future state. they called any such move a war crime. the main challenge was from benny gantz, a former general leading a new centre green party. he focused on the main corruption charges faced by mr netanyahu, which he denies.

there will be more political uncertainty, but already there are those saying this could be the beginning of the end of the netanyahu era. tom bateman, bbc news, tel aviv. the first court hearing is due to take place this morning in the prosecution of a former soldier over bloody sunday in londonderry in 1972. the man, known as soldier f, is facing two charges of murder. here's our ireland correspondent, chris page. the 13th of january, 1972, has become known as bloody sunday. the parachute regiment shot dead 13 people at a civil rights demonstration in the bogside area of derry. in march this year, more than 11.5 decades later, prosecutors announced they plan to begin criminal proceedings against a former paratrooper. soldier f is accused of murdering james wray, who was 22, and 27—year—old william mckinney. he will also be prosecuted on five counts of attempted murder. the hearing at londonderry magistrates court this morning is expected to be short. soldier f is in his 60s, it is understood he will be represented by his legal team and will not be appearing in person. it is believed the court process could last many months, maybe several years. chris page, bbc news, derry.

the first domestic abuse commissioner for england and wales has been named. nicole jacobs has worked for domestic abuse charities for 20 years. her appointment is part of the government's planned domestic abuse bill — which has been held up because of the suspension of parliament. facebook is appointing an independent panel which will make decisions about what content can be allowed on the network. the a0 members, from around the world, will be given the power to over—rule facebook‘s own policies, but experts have questioned the board's independence as it will be fully financed by facebook. the site has been criticised for not doing enough to address hate speech and abuse. boris johnson has condemned attacks on saudi arabia's major oil facilities, in a phone call with the country's crown prince. mrjohnson urged saudi leaders to work with their allies to agree a collective response to the attacks. the us is blaming iran but it has

denied carrying them out. andy moore reports. sirens blare. the air attacks on saudi oil facilities on saturday knocked out nearly half that country's production or around 5% of the world's total. but output is rapidly recovering. oil prices are also returning to more normal levels after soaring 20% in the immediate aftermath. satellite images released by the americans showed 19 points of impact, probably by a combination of missiles and drones. the finger has been pointed at iran but so far there is no definitive proof. an interview with bbc, the new saudi ambassador to the uk says his country is considering how to respond. almost certainly it is iranian—backed. we are trying not to react too quickly because the last thing we need is more conflict

in the region. this is a blow for the world and the world economy, notjust saudi arabia. in a phone call with the saudi leader, mrjohnson noted the importance of establishing the facts of what had happened. he also urged the importance of a collective international response. saudi arabia is expected to hold a press conference later today where more information is likely to be revealed about iran's involvement in the attacks. andy moore, bbc news. andy moore, bbc news. in a moment the weather, but first, let's join victoria derbyshire to find out what she's got coming up in her programme at ten. good morning, we will bring you the second day of live action from the supreme court as the judges decide whether boris johnson supreme court as the judges decide whether borisjohnson broke the law ahead of brexit when he dissolved parliament. plus, we will hear calls foran parliament. plus, we will hear calls for an immediate end to the use of

live facial recognition technology for public surveillance. and we will hear from for public surveillance. and we will hearfrom one for public surveillance. and we will hear from one company who makes the technology. i am in the counter—terrorism business and i know that there are five individuals in central london where we're sitting right now that want to do harm ona sitting right now that want to do harm on a massive scale to the public. would you have public support to use facial recognition to try to intercept a group of individuals before they could do harm? would suggest almost categorically that you would. the opposite example. an individual is being kicked out of the pub for drinking too much on a saturday night. the pub is taking a photo of that individual. should that individual be prevented from getting into that establishment and other establishments because of that incident. i think you would have very little public consent for that example. do you support it? join us live from 10am online and on the bbc news channel. now it's time for a look at the weather with simon king. it has been a chilly start to the

day but we have been compensated with lots of sunshine. high pressure keeping thing settled. a warm front for scotland, which is bringing some cloud and rain to the far north of scotland. it will continue into the afternoon. a bit of cloud drifting south into the north of england but there will be some sunny spells, certainly the best of the sunshine the further south that you go and maximum temperatures today of 16 up to 19 degrees. this evening and tonight, we will continue with a bit of cloud across the north of scotland. if you mist and fog patches developing into thursday morning. a bit more extensive than people see this morning. and it is going to be quite a chilly night for many. temperatures down to four, eight celsius. a lower than that in the countryside. throughout thursday any mistand the countryside. throughout thursday any mist and fog clears and more sunshine is expected throughout the day with highs of 18 up to 22 celsius.

hello. good morning. this is bbc news with annita mcveigh. the headlines: the president of the european commission says it is still possible a brexit deal could be done, but once there is a palpable chance of no—deal. translation: i will not be able to ta ke translation: i will not be able to take your looking you straight in the eye that any real progress has been achieved. meanwhile the row over boris johnson's decision been achieved. meanwhile the row over borisjohnson's decision to suspend parliament returns to the supreme court for a second day. they will begin by hearing from the government's representative. the first court hearing on the prosecution of a former soldier over

bloody sunday is due to get under way. he is facing two charges of murder and five of attempted murder. and coming up, a focus on energy as the bbc publishes an in—depth online guide to help you reduce your consumption. time now for the morning briefing, where we bring you up to speed on the stories people are watching, reading and sharing. just over a quarter of poles living in the uk have applied for settled status — giving them the right to live and work in the uk after brexit. in a letter to the polish community, the polish ambassador to the uk has described the number of applications as "alarmingly low", urging them to submit their applications or "seriously consider returning to their homeland" after brexit. he has been talking tojohn humphries on the today programme on radio 4. the most important thing is that people can choose. and as you know, for poland there is no more

important value than freedom, so thatis important value than freedom, so that is our dream, that everyone can travel and live where they want. but also my dream is that polls should feel the best dream in their own country, and the polish ambassador not only has two, but i want to encourage poles to come back. but the other thing is that if they want to stay, they have to apply for settled status. do you think that in some cases they simply haven't got around to doing it? it's not necessarily that they want to go back to poland but that they haven't thought it is terribly urgent to apply for status to stay here? the first issue is that many people do not realise that they have to register. as you mentioned, they live here for many years. there are a lot of generations going back at least to the second world war while living here, and even if they have

resident status, they still have to register in this settlement status procedure. poland's ambassador to the uk. just a few days ago, the former professional rugby player gareth thomas took the brave step to reveal that he is living with hiv. his news generated an outpouring of support and this morning he's been talking to five live's nicky campbell about why he was forced to go public with his diagnosis. can you imagine how i felt when a tabloid journalist knocks on my mother and father's front door and asks them to make a comment on my hiv status when i had literally not really sat down with my parents and had a chat about it? because i wanted to protect my parents, so i didn't feel that my parents really needed to know, and i needed to be able to understand everything before i sat down with my parents. and before i could do that, a journalist decides to knock my parents' door and ask them to make a comment on it.

now, if that's not the lowest form... i wouldn't even call it... do you know what? i wouldn't even call it a journalist. because as somebody who has put my parents through a lot, i didn't want to put them through any more. we've got other problems. we're a normal family, other things happen. so i wanted to protect them from that. how did they react, given that was the first they'd heard of it? do you know what? my parents are very, very special people, and... they love me. they love me whatever. it'sjust i could never have that time back. i can never have that moment back to sit down with them and be able to explain to them why their son is going to be ok and he's going to be able to live through this and live a healthy, normal life. i can never take that moment back. that person came and took that moment away from me.

gareth thomas: hiv and me will be shown tonight on bbc one wales hpm, and elsewhere at 9pm, and will also be on the iplayer. a plumber in burnley has gained universal admiration after he refused to charge an elderly customer for repairs to her boiler. a receipt for the work says the 91—year—old woman with leukaemia would not be charged "under any circumstances". a tweet of the invoice has been shared more than 18,000 times. plumberjames anderson — who runs a not—for profit—plumbing company — says he hopes to expand his altruism across the uk. the story of a toy monkey given royal treatment is in a couple of the papers today. the daily mail reports that five—year—old savannah from adelaide in australia lost her toy monkey during a visit to buckingham palace this summer. reuniting the child in her toy seemed unlikely as she was back in

australia, but savannah and her class wrote to the queen asking if the monkey had been found. staff at the monkey had been found. staff at the palace got back in touch with a picture of harriet the monkey hanging out with staff, and the monkey was returned to savannah along with a new companion, rex the corgi. absolutely adorable. let's just take a look at what you are reading and watching on the bbc news app. number one is a story about a man who bought a derelict pub in cou nty man who bought a derelict pub in county durham in 2015, it had been derelict since 2011, but by 2016 it was still getting reviews, not very good reviews, on trip advisor, and it took until earlier this year for trip advisor to change the page saying that that property had actually closed down, so an interesting read if you are interested in that debate about the nature of reviews on trip advisor. at number two, this hasjust come in. a fascinating story, amazing

story about an australian man who fell while bushwalking, a couple of miles away from, let me just check. brisbane. this was on sunday. he wasn't far away from the city, but it took him two days to cover two miles after falling down a waterfall, losing his phone and breaking his leg really, really badly. he said he had to carry his broken leg effectively while crawling to be rescued. he said thoughts of his family kept him going. and at number one, the surprising truth about uk energy use. what can we do to meet the demands of our increasingly technology dependent lives? our a nalyst technology dependent lives? our analyst roger harrabin is going to be here with us in the studio just a couple of minutes to tell us more. that is it for today's morning briefing. let me tell you about the latest inflation figures that have just come on in the last couple of minutes. the rate of consumer price

index deflation decreased to 1.7% in august, that is just in from the office for national statistics. cpi inflation decreased to 1.7% in august, and we will bring you more details on that as we get more information and more analysis on that as well. sport now, and for a full round up from the bbc sport centre, here's sally. i'm not sure you want to come to me, because it was a night to forget for the english sides. getting their champions league campaign is under way last night, reigning champions liverpool lost a 2—0 at napoli, jurgen klopp bemoaning his side's failure to take their chances. chelsea also suffered a 1—0 defeat at home to valencia. natalie pirks reports. liverpool may have been crowned champions of europe just four months ago but, as steven gerrard once said, "we go again". napoli is a familiar foe,

they got the better of liverpool at this stage last year. and though the reds had their chances, everything changed with a seemingly innocuos challenge by andy robertson. penalty to the italians. adrian could not do anything about that one. late on, a collector's item, a rare virgil van dijk mistake capitalised on by former spurs striker, fernando llorente. this is one record liverpool did not want — the first reigning champion in 25 years to lose their opening champions league match. it was a game which you can win at napoli, but we didn't because we did not score. it doesn't work then, really. you want to have at least a point. and we did not get that. because of the penalty. i'm pretty sure there are different views on that situation. chelsea won the europa league last season, but are now back with the big boys. they were holding their own against valencia, but this freekick was straight out off the training ground. frank lampard's side were thrown a var lifeline — a penalty for handball.

ross berkley was adamant he wanted it. fans at stanford bridge were less than impressed, though, on what was a bad night for english teams in europe. natalie pirks, bbc news. in context it is still one game down, it's still a group that i think teams will take points off each other because all the teams are strong and fancy themselves taking points off each other so there's certainly no reason to be too down—beat now but, yeah, an awareness we need to win games. at some of this morning's back pages now, and that disappointing night in europe takes centre stage. the daily mirror simply says champs! it has a picture of liverpool players looking dejected. the daily telegraph has placed more focus on chelsea's nice, showing ross barkley after his penalty miss. the express focuses on those games, and also the turmoil within the wales rugby camp

following the departure of rob howley for an alleged betting breach. more on that shortly. turning attention is back to the champions league again, and this caught our eye from last night. ahead of the game between borussia dortmund and barcelona. dortmund fa ns dortmund and barcelona. dortmund fans like to put on a show, and that famous yellow wall didn't disappoint last night as they spelt out the club's initials in confetti. it is just amazing to see. obviously very cleverly organised. unfortunately the fans were not treated to a goal despite that very fancy start it was goalless in germany. on two tonight, and last season's finalist‘s players start tonight against olympiakos. manchester city play shakhtar donetsk in ukraine, and the premier league champions are in the middle ofa league champions are in the middle of a defensive crisis at the moment. john stones, that man there, has been ruled out for up to five weeks with a muscle injury, leaving them

with a muscle injury, leaving them with just one fit recognised centre back. football is not how you handle the good situations but how you handle the bad ones and this team did it in the past. when we won the last two seasons seven titles, nobody gave us anything, we won for ourselves and we are going to do it again so that is what it is. the wales boss warren gatland says he is shocked that backs coach rob howley has been sent home from the world cup for an alleged betting breach. he flew home from japan yesterday. the former scrum—half and captain was due to leave his role after the tournament, but his planned successor stephen jones after the tournament, but his planned successor stephenjones has flown out to join the team early as they prepare to take on georgia in their tournament opener. we were shocked, but i think the union are dealing with this, and my focus now has to be on the next five days in terms of preparing the squad. you

have to deal with adversity at times, you lose key players, and this has happened, and i must say that the players in the last 24—hour is have really stepped up and been incredibly responsible and resilient, and sometimes that brings teams closer together, and we have to draw a line in the sand under this. quicklyjust time to tell you what we have got coming up across bbc sport throughout the day. of course olympiakos against tottenham is the early kick off in the champions league, and there will be live commentary from 5:55 p m on five live. that is followed at eight o'clock with all commentary of manchester city cosmic game away to shakhtar donetsk. you can also follow both of those games with live text commentary, and we will be across both those matches in bbc sports day at 6:30pm, and we will have the start of the rugby world cup edging ever closer, so you have got no excuse. you will be right up

to date with all the sport. sally, thank you very much. let's head straight back to the supreme court and ben. 11 supreme court judges supreme court and ben. 11 supreme courtjudges are presiding at these hearings, it is only the second time in the supreme court's history that 11 have sat together, and essentially they have together, and essentially they have to decide whether the prime minister did act unlawfully when he advised the queen to prorogue or suspend parliament for five weeks. the charge against him is that he was trying to silence parliament because he saw parliament as a threat to his brexit strategy. let's discuss what is going on supreme court today. clive coleman is our legal correspondent and robert greg, from the university of bristol law school. clive, first of all, it is

very interesting, because in the past, thejudges in this country, sometimes for example they have been called by one tabloid enemies of the people. how difficult is it for them to stray into this great constitutional area where there is politics? we have a system in this country where we have something called judicial review, it is an incredibly democratic process whereby you, me, anyone, can go before a court and ask it to determine whether a decision of a public authority, could be a minister, prime minister is in this case, is unlawful or not. that process ofjudicial review has really grown exponentially from the early 1980s, and it has dragged judges into the area of political decision—making, in many people's point of view. eminentjudges like lord sumption, justice of this court, is very much of that view, thatjudges court, is very much of that view, that judges have been court, is very much of that view, thatjudges have been drawn more at a political decision—making than they should have done, because there

is almost no area of government policy that can't be judicially reviewed. but others say this is a critical defence against the abuse of political power, so be you ever so mighty, the law is above you, whether you are the prime minister or the government. so the courts under our constitution are given the role of determining whether public authorities, it could be the prime minister, as here, are acting lawfully or not. so it somewhat divides opinion, but if people want a different system, then we are going to have to change the law and change the constitution. robert, is that how you see it? how bold were thejudges here have to be defined against the prime minister? clive is absolutely right. this particular set of power is our prerogative powers, and that is the name for the set of executive powers that historically derived from the crown rather than an act of parliament passed by the house over there. so these particular powers for decades,

in fact centuries, the courtsjust refuse to look at them all together, and it wasn't until the mid—19805 in and it wasn't until the mid—19805 in a case go gchq, where they cross that rubicon for the first time, and they said, we can look at the prerogative powers as if it were statutory powers. these other powers, just to be clear, that the prime minister has used? es, prorogation is one of those powers. so if there is a power that if it was eight statutory power would be something they could look at, that they could see no reason, this is in gchq, white should be treated differently. but that doesn't deal with some of these prerogative powers that a high priority, that is what this case is all about. so this has been a long—term red line that they have drawn from gchq onwards where they have said that if it is a high level policy decision, than they are much less likely to get involved. that line has been

steadily chipped away, and that is another example of whether or not that line includes or doesn't include this particular example. so we are in sort of uncharted waters some ways. is that partly because we have an unwritten constitution, and this acute political crisis of brexit is really testing that unwritten constitution? you are absolutely right. we have these three great branches of government, and under our constitution, they all have to sit there and respect one another‘s role. we have had a relatively benign democracy for many years, i think we have had our ups and downs, but relatively speaking it has been benign, but as our politics began to unravel somewhat, so that her stress tested the constitution itself, and i think that this case is showing those stresses, those tensions, and the one we are talking about, which arguably is one of the great constitutional clashes or tensions of ourtime, constitutional clashes or tensions

of our time, between a powerful executive that likes to get its way on things, and a relatively small independent judiciary which through the mechanism of judicial independent judiciary which through the mechanism ofjudicial review can determine whether the decisions of government are lawful or not, and it isa government are lawful or not, and it is a great tension. some people think it is a very healthy tension, some people think not so healthy, perhaps thejudges some people think not so healthy, perhaps the judges should be backing offa perhaps the judges should be backing off a bit, but that is the system we have. and we will see what happens today in the next few days. this is the second day of these hearings. there is another day tomorrow, and that we should get a judgment either towards the end of this week or early next week. this morning at 10:30am, in about a0 minutes, we will be hearing from sirjames eadie qc with more on the government's case, but that is the latest from the supreme court. annita, thank you and back to you. ben, thank you very much. the bbc has focused —— published the

first of a series of in—depth online guides this morning, looking at some of the most important issues facing the uk. today's first edition focusses on the energy system, and its need to change in order to meet the current climate pledges. over the past few years, eu standards for appliances like washing machines and vacuum cleaners have led to a decline in energy use. our environment analyst roger harrabin has more. i think we have his report first. we do. welcome to derbyshire's vacuum cleaner museum. some machines here use lots of energy. others use very little. recent eu standards on efficiency banned the energy guzzlers. this model, for instance, uses a whopping 1800 watts of electricity. but how hard does it suck? if i put it on there and lift it on and off, i can feel the suction. can you feel the suction? quite strong, yeah.

but this model gives more suction from less electricity. that is fantastic. that's a quarter of the electricity use of the other machine, and far, far more suction. it's all about better design and better planning rather than increasing the wattage to compensate for a poor design. the bbc‘s online energy briefing, published today, shows the recent effect of eu rules. energy use going steadily down. other factors are at play, like the drive by firms such as the mining company cemex to reduce their energy bills and carbon emissions. all of the electrical gear on this site has energy sensors fitted. and those sensors send readings to this kit here, which transfers information to our mobile phones and to our laptops. with the data that gives us, we've been able to make a number of energy savings at this site. taxes and grants on things like cars

are another way of nudging people to use less energy. this is a nissanjuke, petrol, and clearly if you fill this up at the pump, roughly 60% of the cost of that fuel will actually be taxation. as an alternative, roger, the zero—emission nissan leaf is completely exempt from vehicle excise duty, saving you that £145 per year, and secondly, when you fill this up at home from your electricity supply, you're paying just 5% tax. yet another related factor is the way we behave. the fashion industry is a massive user of energy. with concern for the environment at a high, more people are reported to be buying used clothes. people are getting the message increasingly, and caring more that fast fashion does immense harm to the environment and the world's poorest people. all these elements together won't solve the uk's energy

problems, but they will help. roger harrabin, bbc news. does my carbon footprint look big in this? and the bbc briefing is a new in—depth downloadable guide. as you can see, roger is here in person. i introduced him to early before. a version of that report is doing really well on the most watched section of the bbc news app, it is at number one at the moment. begin by telling us more about what this document actually is. it is a big compendium of facts, some straightforward, others more contentious. it covers transport, electricity, politics, costs and more. and what are some of the main points? the briefing starts with the new reality that energy policy in the uk that is based on a need to get greenhouse gases down to zero by 2050. you can see if we have the

graphic, you can see back in 1990, the uk was emitting nearly 700 million tonnes. by 2017, there was a a0% cut. by 2030, we are going to need another big reduction. and by 2050, a cut of 89% or more of greenhouse gases is needed to meet the climate change act, and we will need to find ways to remove the rest of the co2. need to find ways to remove the rest of the c02. so is there anything unexpected in this briefing as people make their way through it? might they find something in there they are not anticipating?” might they find something in there they are not anticipating? i think so. a lot of things won't be very well—known. the energy consumption graph instance which i hope we are going to see in a moment. there we go. that will surprise many people. don't look at the graph itself, the line, the dotted line. in fact, is that the right graph or not? overall energy use in the uk has declined since 2000. perfect. if you look at

the top line, it was going up to 2000, but now it is going down. it isa 2000, but now it is going down. it is a result partly of eu energy saving rules, the sort of thing is that we were talking about with the vacuum cleaner. energy growth used to be tracking the growth of the economy, then it started to be forced down even though the economy continued to grow. transport, and you alluded to that in your report, thatis you alluded to that in your report, that is going to be crucial if the sorts of targets that you are talking about there are going to be met. so where are we at with electric vehicles? if you remember, the former prime minister, mrs may, said that the uk would lead the world by phasing out petrol only ca rs by world by phasing out petrol only cars by 20a0. that is not in fact the case. if you have a look the case. if you have a cars by 20a0. that is not in fact the case. if you have a look at this chart, you can see that the uk's 20a0 target is in line with canada and sri lanka, but it is a decade less ambitious than some others, including israel and slovenia, and

it is way behind the real leader, and that is norway. so clearly there is work to do if work on that chart is work to do if work on that chart is going to rise. and this, as you say, is just the first of a number of these bbc briefings that are going to be coming out. tell us more about what other topics will be covered. i never expected you'd asked me that question, and i haven't got a clue! roger, i don't think i have ever asked your question that you won't able to answer. at least i was honest! absolutely. let me just tell you that you can download this first bbc briefing on energy by going to the bbc news website. lots of you to read through there, and thank you very much to roger. new figures from

the consumer group which? suggest that hundreds of free to use cash are closing every month. campaigners are closing every month. campaigners are calling on the chancellor, sajid javid, to ensure that everyone can access their cash without being charged. baked beans are a staple food found in many british cupboards, but did you know the actual beans can't be grown in the uk? now after seven years of research, scientists from the university at warwick have grown a field of haricot beans which when harvested and suitable for being made into baked beans. and on that note, it is now time for a look at the weather. is it good weather for harvesting? here is simon king. good link! we have got some fine weather today and over the next few

days, a big area of high pressure is dominating conditions at the moment. we have a warm front is affecting the far north of scotland, that is bringing us some cloud, as you can see from the satellite imagery and also a bit of rain. but the big area of high pressure is keeping a lot of the cloud away, so for many of us it isa the cloud away, so for many of us it is a fine and sunny start. we have got some cloud moving its way southwards across parts of northern england, but even across northern england, but even across northern england, southern scotland, there will be breaks in the cloud to give us will be breaks in the cloud to give us brighter skies and sunshine. the rain further south, lots of blue skies, and maximum temperatures today getting up into the mid to high teens. through this evening and tonight, we will continue with some cloud across scotland, clear skies for many of us. there is the chance of some mist and fog patches forming into the early part of thursday morning, and it could well be quite chilly, temperature is getting down into single figures for many of us. a bit of an autumnal feel on

thursday morning, mist and fog were clear, lots more sunshine to come for england and wales and again we will see the thickest of the cloud across scotland, but a dry day, really, across the board, and temperatures are rising up a little bit, 17—21d. temperatures are rising up a little bit, 17-21d. on to the temperatures are rising up a little bit, 17—21d. on to the end of the week, high pressure is still there, and it will drift its way that little bit further eastward, and what that will do is just allow a south—easterly wind to develop, and that will bring in warmer conditions for the end of the week, but for friday any mist and fog will clear away, lots of sunshine, barely a cloud in the sky, maximum temperature is 19—21. temperature is rising even further, the air coming from the south—east, so we are tapping into some of the once across the near continent that will spread its way north so temperatures are getting up into the mid 20s. more

sunshine during saturday, perhaps a few showers in western areas, temperatures 19—2adc, and by sunday it is all change, more cloud, outbreaks of rain and a bit cooler. goodbye for now.

hello, it's wednesday, it's ten o'clock, i'm victoria derbyshire... it's day two at the supreme court, where britain's most seniorjudges are deciding whether the prime minister broke the law when he suspended parliament ahead of brexit. i'm here on the second the of this extraordinary constitutional case which will determine whether boris johnson's suspension of parliament was unlawful or not and i could have huge political consequences. it all starts at 10:30am — we'll bring that to you live. in today's exclusive film, we'll hear calls for an immediate end to the use of live facial recognition technology for public surveillance. we'll hear from one company that makes the tech. so let's think about some real—world use cases.