clive coleman, bbc news. the time is 19 minutes past one. our top story this lunchtime.frey epstein. and coming up — tackling idling cars. could fellow motorists help tackle drivers who keep their engines running while parked? coming up on bbc news: after six world snooker championship final defeats, jimmy white finally gets his hands on the title at the crucible, winning the world seniors title for a second time. throughout this week across bbc news, we're looking at the issues facing farmers in the uk, and today we focus on climate change. farming leaders say it is one of the biggest challenges for the agricultural industry. the national farmers' union is calling for more money for flood prevention, and says that consumers have their part to play. claire marshall is on a farm in somerset for us. yes, i'm on the somerset levels and backin yes, i'm on the somerset levels and back in that awful winter of 2013-1a, as back in that awful winter of 2013—1a, as far as we can see here was on the water. i literally could have been swimming around. and the farmer here says that i

that report from clive coleman.australian batsman steve smith should be allowed to play. he was hit on the side of the neck by a ball travelling at 92 miles an hour on saturday in the lords test. after retiring hurt, he returned to the crease just an hour later, but was disgnosed with delayed concussion the next day. other sports like football, rugby and hockey have a mandatory recovery period after concussion, but not cricket. here's andy swiss. hit in the neck at 90 mph. and the ball which struck steve smith has now sparked a far broader debate. why? well, after leaving the field for assessment, smith was allowed to return. just a0 minutes later, he was back batting again. but then, the next morning, he complained of headaches and was ruled out of yesterday's final day. so, should smith have ever been allowed back on? well, one leading brain injury charity believes not. i was surprised, i was disappointed and i was worried. the reality is that it is too short a time to accurately diagnose whether or not he was con

clive coleman, bbc news.sentencing criminals are when they have committed offences this? —— how soft. i do not think that we have gone soft. it has gone up and up since the year 2000. the average length of time that a murderer was sentenced to life in prison, that petry had to stay in before he could be considered for release went up from 12 to something like 20 years of the mass eight or nine years. it made no difference to violent crime. we need, if you're going to be serious about fighting violent crime and sexual crime, to spend more money on catching criminals and then in convicting them. that means focusing on the police and focusing on the prosecution. we know they're going to be in more police officers are requited and many more places made available, we are told. where does rehabilitation feature in the treatment of criminals? it does not feature at all. i think it is good that some money is being spent on a police officers and as a money is being spent on the cps, but in not more is needed to be spe

clive coleman, bbc news. and clive is here.ut reversing what they call a balance of fear. can they call a balance of fear. can they do it? let's take the crown prosecution service, from 2011 it is having its budget cut by around 30%. it has lost around two and half thousand staff and if you compare those figures were the ones we saw in the piece about the drop in the number of prosecutions, they roughly coincide. they are being offered £85 million, they have lost 225 million, it doesn't take a genius to work out the fact they are still down from their position in 2011. we are in a situation where every single senior figure i speak to about the criminal justice system is extremely down and depressed about it, major cuts to the police, the crown prosecution service, we got a situation where we have record levels of violence, record levels of self—harm in our prisons. people are saying what is needed is a real holistic approach, a massive investment, bigger than what we have heard from the government today. thank you. we can now c

our legal correspondent clive coleman took us through what happened there., together with 7a other parliamentarians, on their behalf, aids and o'neill qc argued his case and didn't mince his words. we do not live in an absolutist state, we do not live in a totalitarian state, we live in a state which is limited by the rule of law. mr o'neill went on to say it was unlawful and unconstitutional for the government to suspend parliament and he requested an order to stop that suspension, he also requested another order that would prevent any minister from another order that would prevent any ministerfrom advising another order that would prevent any minister from advising the queen in the future to make a new, similar order to provoke parliament. mr o'neill did something of a sort of historical, constitutional lecture, almost. he said that the government we re almost. he said that the government were bound by the extent 89 claim of rights, now, that is the equivalent of the scottish equivalent, to the 1689 bill of rights. that was the document that really curtail

our legal affairs correspondent clive coleman is here.t court of session ruling in scotland, how powerful is it? what has happened here is the petitioners have sought and emergency injunction at an early stage of proceedings, they have failed in that but it is far from over. now, we get this full hearing on tuesday and if the petitioners succeed in getting a ruling which says that the advice given by boris johnson to the queen was unlawful, then, that, the government could appeal that but pending any appeal, it pulls the queen into the political arena, puts her in the uncomfortable position of having passed an order based on unlawful advice. that is a fascinating constitutional playing out we will see next week. it is far from over. the government has had some success in arguing this is a lawful use of prerogative powers to suspend parliament and this is a matter not for the course. the case in scotland, northern ireland and london, sirjohn major hasjoined ireland and london, sirjohn major has joined the case in ireland and london, sirjoh

let's speak to our legal correspondent clive coleman. is there any basis for a legal challenge?otland. in order to suspend parliament, the prime minister has to go to the queen and adviser. as you are hearing in the report, the queen by convention accepts that and does suspend parliament. it is not possible to legally challenge the exercise of the queen's personal prerogative powers in her own courts, you cannot do that. but you can legally challenge the advice given to her by her prime minister, borisjohnson. that would be done in the courts of england and wales by way ofjudicial review, go|ng england and wales by way ofjudicial review, going to accord and asking the court to rule on whether the giving of that was lawful. the bases would be that the prime minister has simply misconceived and misconstrued the constitutional law that underpins the use of the prerogative power that he had acted unlawfully. what would be argued by him is that the use of that power is there to ensure the healthy functioning of the uk's democracy and this is being used for more political purposes. if

here's our legal correspondent clive coleman.ime minister for talks to address a crisis in criminal justice. 20,000 more police officers, 10,000 extra prison places already announced. today, it's sentencing. and the big idea? take away early release from serious sexual and violent offenders who are given a fixed term to serve but are automatically released at the halfway stage. it's not a system that we always had in our country. it's been around for about 15 years. and there are real questions being asked by people with a concern about the system, a knowledge of the system, as to whether or not that is the most effective way to punish offenders and to protect the public. the chance of early release has always been seen as one way of keeping order in prisons. last year, there were record numbers of assaults on staff, inmates and self harm, and many in the criminal justice system believe that if you take away the possibility of early release from dangerous offenders, that can cause a spike in violence and disorder. the prison serv

our legal correspondent, clive coleman, is here. there's not much time left.oes she have of success? no. gina miller'sjoins one going through the scottish courts led by 75 pro remain politicians. they are both seeking an emergency injunction to prevent the suspension of parliament, arguing the government's use of these powers vested in the queen in these circumstances are unlawful and unconstitutional. gina miller saying they don't give mps enough time to debate and scrutinise the options on brexit. time is short. parliament can be suspended on the 9th of september. it is impossible, i beg your pardon, the courts would have to move very, very quickly and they can't do that. the chances of success? gina miller has done this before, she has got a track record, she has argued a case successfully to the supreme court on the use of prerogative powers by ministers. if her crack legal team, and it is the same legal team, can argue successfully that the intention behind the announcement today was to frustrate the workings of parliamentary democracy, then really it is

our correspondent clive coleman is here. this first attempt is the interim stage so they have lost that but it goes to tuesday, that is what is called a substantive hearing. if the parliamentarians who are supporting her in this claim can persuade the court that the advice that boris johnson gave to the queen was unlawful, the advice to provoke, then that is going to be really interesting. of course the government could appeal that but pending any appeal, that ruling would stand and that drags the queen back into the clinical arena because she will be in the uncomfortable position of having passed an order which was passed on an unlawful basis, so that is really interesting constitutionally. that is where scotla nd constitutionally. that is where scotland is at the moment but there are other challenges. there is a challenge under way in belfast. that has been adjourned over the weekend and of course next thursday we have gina miller‘s case coming to london. her case is all about proving unlawful intent. that when boris johns

for more on how this could all work, here's our legal correspondent clive coleman.the exercise of the queen's personal prerogative powers and her court, but you can do is challenge the advice given to her by her prime minister borisjohnson and if that was done of the course of in the way of a judicial review, that is going before the court and asking them to rule on whether or not the giving of that advice was lawful and will be the basis, the basis would be that the prime minister has conceived and misconstrued the constitutional law that underpins the use of the prerogative power and that he had acted unlawfully or to be argued is that the use of that power is there to ensure that healthy functioning of the uk's democracy and this is being used for political purposes. the court is to be persuaded by those arguments and it could rule that the power, the prerogative power has been misused and he could rule their fourth that it was unlawful. nick eardley is in westminster. we spoke a little bit about the time crunch that is going around in the legal challenges. but t

our legal affairs correspondent clive coleman said yesterday on the radio, john major asa yesterday onto that case because he could talk about from a prime minister's point of view. absolutely. it is probably the first time we have had that dynamic where a former number ten resident is now challenging an existing one. interesting times. care is something we talk about a lot on this programme, and you have picked out a story about care homes and the money thatis story about care homes and the money that is paid out for them really. that is right, this is part of having an ageing population, better health overall means we are living longer and of course it leads to this much larger burden on the system generally, and how do you fund that? age uk came out with this report saying that if you are from a middle class background and have property that factor in the cost of care, you pay 41% more, effectively, so there are pros and cons, if you have saved carefully and managed to buy property why should you be paying more? it costs more, literally costs more. co—paired to someone who doesn't h

issue, and we will speak to scotland correspondent lord that gordon in the next few minutes and clive colemanexit debate, so we will have more in the next few minutes but thaw is coming to us from the scottish court, it has rejected a request for an interim block on borisjohnson‘s move to suspend parliament. let's talk to antonia tully from the safe at school campaign. it's against the mandatory teaching of relationship education at primary schools. the campaign is part of the society for the protection of unborn children — an anti—abortion group. and andrew copson, humanists uk. they have been campaigning in favour of relationship and sex education. thank you both for coming in to speak to us. antonia, what is it you are opposed to within the teaching in schools, is it things like we saw in the report about same—sex relationships or is it about the language that will be used?” relationships or is it about the language that will be used? i think it is more fundamental than that, what we have seen with the new legislation is the government taking over from parents, legislation is the governmen

our legal correspondent clive coleman reports. i used a wheelchair forfive or six months.d dehumanising and that really knocked my self—confidence. assessing how many people have corder equina syndrome is difficult, and some nhs hospitals don't log numbers. however there were 981 surgical decompression is to treat it in england alone in 2010, 2011. corder equina means horses ' tale, and it describes the spray of nerves that come off the spinal card. they activate the bladder, bowels, sexual organs and lower limbs, and if a slipped disc hits them, as you can see here in this mri scan, that is incredibly serious and urgent medical treatment to remove the pressure is critical. if the condition isn't identified, an mri scan carried out and decompression surgery scan carried out and decompression surgery within 24 hours, outcomes for patients can be desperate, the nhs says compensation claims between 2014 and 2016 will cost £68 million, but this leading consultant thinks it is higher. it is difficult to get a precise figure from the information surfaces about corder equina synd

our correspondent clive coleman is here. where shall we begin? shall we start with scotland ?in scotla nd with scotland? what has happened in scotland today is that the 75th plus programming parliamentarians were seeking an emergency injunction —— pro remain. they have lost that but there is a full hearing on tuesday. it is possible that they could win that. if they win that, i think that is constitutionally really significant and fascinating. we are and uncharted waters because if they get a ruling on tuesday, when there is the substantive hearing, then we could be any position where we have a ruling that the advice given by borisjohnson to the queen, prompting her decision to prorogue parliament, suspend parliament, that that decision was unlawful. now, if we have that ruling then of course the government can appeal it. but, pending any appeal of it, it remains intact. so you are in a position where the monarch has exceeded to that request, made that order in council, based on advice that is unlawful. now that would put the queen in a very difficult position. so that is kind

clive coleman, who said, you can scarcely have more heavyweight support in this go challenge to try andp the suspension of parliament. we are in unprecedented times and this is an unprecedented intervention. that from the bbc. prime minister boris johnson will take questions from members of the house of commons next week before parliament is suspended. coverage on live wednesday at 7:00 a.m. eastern on c-span2. andr today, journalists white house officials examine the relationship between the media and trump administration in a discussion hosted by the american political science association, live at 2:00 p.m. eastern on c-span, online at c-span.org, or listen live with the free c-span radio app. the wake of the recent shootings in el paso, texas, and dayton, ohio, the house to do chari committee will return early from summer recess to mark three gun violence prevention bills, which include banning high ammunition magazines, restricting firearms from those firearms from thoseto deemed by the court to be a risk to themselves, and preventing individuals with misdemeanor hate crimes from pu

our correspondent clive coleman is here. extraordinary times.servative prime minister taking a sitting conservative prime minister to court. well, he is intervening in an existing case. but it is extraordinary. gina miller plasma case will take place next week at the high court in london. in the essence of her case is really focused on the intent to act unlawfully, if i can put it in that way. and intent is very difficult thing to prove, it is something we have to prove in criminal cases a lot of the time. if you have, in your back pocket a former prime minister, a former conservative prime minister who will have had, given that advice to the monarch, will have considered the proroguing of parliament and whether that can be done in accordance with the effective running of our parliamentary democracy, that is no incredibly powerful thing to have in your armoury, and so it is certainly a huge boost for gina miller and her claim. going back to the question of intent, it is quite hard... impossible for a layperson to see how a court could determine