Skip to main content

tv   BBC News  BBC News  August 23, 2017 3:00pm-4:01pm BST

3:00 pm
theresa may insists the supremacy of eu judges will end after brexit. under government proposals, the rights of eu citizens in the uk would be dealt with by britishjudges. when we leave the european union we will leave the jurisdiction of the european court ofjustice. the home office admits sending letters to some eu citizens in the uk, wrongly telling them that a decision had been made to deport them. as the 20th anniversary of princess diana's death approaches — prince harry talks to the bbc about the night of that fatal car crash. president trump launches a lengthy tirade against the media's coverage of cha rlottesville — saying mostjournalists are bad people who hate america. a warning that identity theft has reached "epidemic levels" — with people in their 30s the most targeted group. regional leaders meet in leeds to
3:01 pm
demand the same investment in transport links as in london. also in the next hour, flooding in northern ireland. firefighters rescued 93 people who were trapped in cars or houses after heavy rainfall last night. and england's top goal—scorer wayne rooney announces he's retiring from international football with immediate effect. good afternoon and welcome to bbc news. the prime minister says the uk will "take back
3:02 pm
control" of its laws, when the country leaves the european union. the government has published a paper on how disputes could be resolved in the future trade relationship with the eu — which stresses that the uk will leave the jurisdiction of the european court ofjustice. ministers have pointed out that the ec] has no influence over the eu's trade deals with canada or singapore, so the uk could adopt a similar model. the government has also stressed that the rights of eu citizens living in the uk after brexit will be protected by the british courts. critics say european judges could retain some influence. our political correspondent leila nathoo reports. it's the eu's highest legal authority. the european court ofjustice settle the splits within the eu, interprets and enforces all its rules. judgments handed down here in luxembourg are binding on the uk and all member states. the government has long been clear that after brexit that will have to change. we will take back control of our laws and bring an end to the jurisdiction of the european court ofjustice in britain. leaving the european union will mean that our laws will be made in westminster, edinburgh, cardiff and belfast. and those laws will be interpreted byjudges not in luxembourg but in courts across this country.
3:03 pm
and so today proposals for a new way forward, new arrangements for policing ourfuture relationship with the eu. what we have done today is issue a paper, which shows a number of ways in which it will be possible to resolve disputes. i think what businesses want to know is that in future relationships if a dispute arises, how will it be possible to resolve that? we are very clear we won't have the jurisdiction of the european court ofjustice, we will put in place arrangements to ensure that businesses have the confidence of knowing they can continue to trade across the european union. the european court ofjustice is the bedrock of all eu institutions, its reach is extensive. ministers promised today to end specifically the direct jurisdiction of the court has prompted claims of a climb—down. pragmatism has won out, and the prime minister's earlier position making this a red line
3:04 pm
was always practical. was always impractical. and i think now we are moving to a sensible position, indeed we said at the time this is where we would have two end up, to have some copper mines. to have some compromise. what the prime minister is now recognising is that there will be a role for the european court, whether it is for instance in relation to the withdrawal agreement, the transition period or even post—brexit, in terms of the ec] law that we have incorporated into uk law. restoring the sovereignty of this place, our parliament deciding our laws, was one of the key promises of the leave campaign. for leavers, it goes to the heart of what brexit mean. of what brexit means. so any suggestion the european court ofjustice could still hold sway in the uk is unlikely to satisfy brexiteers. we wish to be independent again because european law and budgets and requirements don't always suit the uk, and i think we are getting in the way of their progress
3:05 pm
towards a political union, so we want to take back control and that means ending the rule of the european court. theresa may insist she is sticking to her red line that that could prove a stumbling block in the negotiations. brussels wants a future role for the european court and wants divorce matters dealt with first. it won't be an easy ride. adam fleming is at the european court ofjustice in luxembourg, where he has been giving his analysis of today's developments.” am stood outside ecj analysis of today's developments.” am stood outside ec] in luxembourg, those two gold towers by me, it is a judicial holiday so no reaction. the first test, though, for this government's strategy we will see at the end of next week because david davis and michel barnier will sit in brussels for another set of brexit talks. top of the agenda is citizen rights, how do you guarantee the rights of eu citizens living in the uk at brexit? mr barnier wants the european court
3:06 pm
ofjustice to have the final right of guaranteeing those people's rights. britain today is saying absolutely no way, that is not a goer. so we will see next week in the next round of talks just how sticky that sticking point is. looking further into the future, michel barnierfor the eu side has suggested the withdrawal agreement could be policed by a joint committee made up of people from the eu and the uk, that could thrash out problems. but if those problems couldn't be solved it would then get referred to, guess what, the european court ofjustice. will that go down well with the british government, bearing in mind what they have written in their paper today? and looking even furtherforward, which is how do you settle disputes about the future of trade agreement or a future partnership or relationship that the eu and the uk come up with? that will be a matter for the other 27 eu leaders
3:07 pm
who in the next couple of months will start to write the next set of guidelines for what they think that relationship should look like, and that is when we will get a reaction from them about how they feel disputes should be settled between the uk and the eu in future. thank you, adam fleming, in luxembourg. the home office has sent around 100 letters in eric to eu citizens living in the uk, telling them they are liable for detention and a decision has been made to remove them from the uk. the mistake emerged after a finnish academic went public, when she received the letter from the went public, when she received the letterfrom the home went public, when she received the letter from the home office after applying for a qualified persons to do that. she is married to a uk citizen and has the right to live in the uk. in response, a home office spokesperson said this. princes william and harry have described their bewilderment
3:08 pm
when they encountered grieving crowds, on the day of their mother's funeral. speaking in a bbc documentary, marking 20 years since the death of diana princess of wales, they say walking behind her coffin was a family decision. our royal correspondent nicholas witchell reports. it was the week when a nation mourned, and the monarchy faced sharp criticism. at its heart were two boys, william and harry, then aged 15 and 12. grieving for the loss of their mother, but required by their royal position to appear in public and help assuage the public sense of loss. in a bbc documentary, william and harry speak about the numbness and confusion they felt when they were told that their mother was dead. and, in harry's case, it's clear that there is still anger towards the french photographers who were pursuing diana's speeding car in the crash in the alma tunnel in paris. i think one of the hardest things to come to terms with is the fact
3:09 pm
that the people that chased her into the tunnel were the same people that were taking photographs of her while she was still dying on the back seat of the car. and william and i know that, we've been told that numerous times by people that know that was the case. she'd had quite a severe head injury but she was still very much alive on the back seat. and those people that caused the accident, instead of helping, were taking photographs of her dying on the back seat. and then those photographs made their way back to news desks. william and harry were at balmoral when they heard the news from paris. they speak up in support of their grandmother for her efforts to shield them. and of theirfather, "he tried to do his best for us", says harry. applause. we love you, william... bless you. god bless you, william. when they moved from
3:10 pm
balmoral to london, they encountered grieving crowds. and it's clear that they found the experience bewildering. with so many people sobbing and wanting to touch them. of the decision to walk behind their mother's coffin, both say it was a collective, family decision, and both say they felt a strong sense of duty, even then. when you have something so traumatic as the death of your mother when you're 15, as, very sadly, many people have experienced, and no one wants to experience, it leaves you... you know, it will either make or break you. and i wouldn't let it break me. i wanted it to make me... i wanted her to be proud of the person i would become. i didn't want her worried, or her legacy to be that, you know, william and/or harry were completely and utterly devastated by it and that all the hard work and all the love and all the energy that she put into us when we were younger, would go to waste.
3:11 pm
they were children, coping with their own grief and the attention of a grieving nation, and two kept going to honour their mother's memory. nicholas witchell, bbc news. and you can see that documentary ‘diana, seven days' on bbc one on sunday at 7.30 in the evening. president trump has used a rally in arizona to launch a blistering attack on media coverage of his response to violence in charlottesville earlier this month. the president was accused of failing to condemn the white supremacists who clashed with anti—fascist protesters, and for saying that there was blame on many sides. but the president told supporters in phoenix that the media, which he described as ‘dishonest‘, had been selective in its reporting. our correspondent james cook sent this report. tea rgas and trouble on the streets of phoenix. the clashes didn't last long, but for a short time they were intense, as riot police cleared protestors from the street after a presidential rally. the police have formed a line here. there have been announcements, telling people to go home, telling protestors to leave the area.
3:12 pm
for a few minutes it was pretty unpleasant, with some tear gas in the air, which was stinging my eyes. but also, the eyes of the people it was aimed at. for the moment it does seem to have worked. it seems to have driven them off down the street. inside, it had been an animated donald trump who had rallied his supporters by denouncing the news media. mr trump quoted himself at length, aiming to demonstrate he had wholeheartedly condemned the actions of neo—nazis in the city of charlottesville, when a counterprotester was killed. what happened in charlottesville strikes at the core of america. and tonight, this entire arena stands united in forceful condemnation of the thugs who perpetrate hatred and violence. but the very dishonest media, those people right up there with all the cameras... booing. they make up stories.
3:13 pm
they have no sources in many cases. they say, "a source says", there is no such thing. but they don't report the facts. just like they don't want to report that i spoke out forcefully against hatred, bigotry and violence, and strongly condemned the neo—nazis, the white supremacists and the kkk. if you want to discover the source of the division in our country, look no further than the fake news and the crooked media, which would rather get ratings and clicks than tell the truth. president trump took his war with the media to a new level tonight, attacking journalists again and again. he clearly regards the best way to defend against criticism of his presidency is a full—throated attack on the messenger.
3:14 pm
james cook, bbc news, phoenix, arizona. more from our washington correspondent, gary o'donoghue. he is not letting this one go, gary, is he? no, he's not. last night was really a reprieve is of the argument that been bubbling the ten days since cha rlottesville that been bubbling the ten days since charlottesville really. his sort of iterations of statements really add great chunks of it to the audience last night, which is honestly not great box office for the people in the room, and you could tell that, the energy dropped when he was just quoting himself at length. and of course missing out on this crucial phrase about violence on many sides, that was the bit that he was criticised for last week, not the fact that he did condemn the kkk and others, but he appeared to equate both sides of the protest. so it missed the point, but in a sense he knows that as well as anyone, and this was the base he was talking to.
3:15 pm
and, to some extent, i suppose, he managed to get off his chest. there we re managed to get off his chest. there were some extraordinary moments in last night's speech. in amongst all that, he did threaten to shutdown the government over loading the wall, and of course shutting down the government means federal employees not getting paid, not going to work. he had a go at the elites in american society, saying he had done better than them. how about this one for a quote? "i live ina about this one for a quote? "i live in a bigger, more beautiful apartment, and i live in the white house too, which is really great". so he kind of theatre from victimhood to petulance to the attack on the media, it was quite a display. the attack on the media, as you were saying, james likewise, it is not the first time he has done it and no doubt won't be the last, but is there any investigation of what impact that is happening, notjust
3:16 pm
those on donald trump ‘s mac side and those who agree with him, but on the wider view of the media?” and those who agree with him, but on the wider view of the media? i think it is probably reinforcing the views of his supporters, certainly, who never trusted the media really during the campaign, and continue not to do so. and those on the sort of more liberal wing, again, they have their view and that's it. interestingly, one correspondent from fox news last night after that rally, and fox news was praised by the president during that rally, in one of their correspondence, they thought it had gone too far in expressing some concern. but in many ways you are getting what psychologists call the confirmation bias. in a sense, you hear what you wa nt to bias. in a sense, you hear what you want to hear and i think that is certainly what people accuse donald trump supporters of doing when it comes to the media. of course nowadays it is possible to select your sources much more carefully,
3:17 pm
and just to hear the things that reinforce your own beliefs. that is probably true of all of us. indeed, thank you, gary o'donoghue in washington. the headlines on bbc news: theresa may insists the uk will take back control of its laws after brexit. government proposal stressed the european court ofjustice would retain no directjurisdiction. under government proposals, the rights of eu citizens within the uk would be dealt with by british judges. the home office admits sending letters wrong lead to some eu citizens saying that the state wished to deport them. as the 20th anniversary of princess diana's death approaches, prince harry talks to the bbc about the night of that fatal car crash. in sport, england's all—time record goal—scorer, wayne rooney, has retired from international football after turning down the chance to be pa rt after turning down the chance to be part of the england squad next month's world cup qualifiers. liverpool will be without injured philippe coutinho again, as they face hoffenheim in the second leg of their champions league qualifier at anfield. jurgen klopp's side have a
3:18 pm
2-1 anfield. jurgen klopp's side have a 2—1 advantage. and the circus has begun. mcgregor and mayweather start the pre—match hype in las vegas, ahead of the fight at the weekend. i will be back with more just after half past. the transport secretary, chris grayling, says politicians in the north of england should find their own solutions to the region's transport problems , not central government. we heard earlier from we heard earlierfrom dan whitworth in leeds. there is a meeting going on here in leeds, dozens of political leaders and from right across the north of england meeting just behind me here at the cloth
3:19 pm
fall in leeds. they have been coming together to speak with one views, —— one voice, unity very much the theme, when they are demanding more commitment and indeed more money from the government when it comes to helping improve and build public transport networks here across the north of england. as you said in your introduction, this comes off the back of an article in this morning's yorkshire post from the tra nsfer morning's yorkshire post from the transfer secretary, —— transport secretary, chris grayling. it is up to the north to sort out rail issues. that left a bit of a sad taste in the mouth of some delegates here today. chris grayling for his pa rt here today. chris grayling for his part says £13 billion is all ready being spent. i am joined by the mayor of greater manchester, andy burnham. added the meeting today? extremely well, a positive under me message coming out of it is that westminster may have ignored the north any decade, but no more. we are now going to speak with one voice, as you say, and make sure that voice is heard loudly on the national stage. people can hear the
3:20 pm
voice of scotland, wales, northern ireland, and they got a special deal recently, but it is time for the north of england to get the same. quite a clue number is coming out of this meeting, 15 million live in north, as it was its own economy, it would be the tenth largest in the european union. chris grayling is right, isn't he, the north can sort this out on its own? he is not right, sadly. i this out on its own? he is not right, sadly. lam ready to this out on its own? he is not right, sadly. i am ready to work in partnership with him, it is not about party politics or point—scoring. i am about party politics or point—scoring. lam passionate about party politics or point—scoring. i am passionate about it, as is everyone in that building. yes, we need to get our act together and that is what this was about, let's speak with one voice, letters make it easier for the government to talk to the north of england. but they have to play their part too, we cannot have a 21st—century rail syste m cannot have a 21st—century rail system without multi—million pound backing from the government. they have given london that kind of support and they now need to give it to us. you talk about london but why should the north get this special treatment? it is not special treatment, londoners over many years
3:21 pm
have had the investment and we have only asked for what the government has promised. they started saying we will have a northern powerhouse. we say great, but where is it? you can't make promises to be bouffier and not expect people to be cynical if they are not then delivered. you mentioned passion, iwas if they are not then delivered. you mentioned passion, i was in that meeting for a good while, there was a lot of passion coming from that room, a lot of determination. what next? lots of positive developments, we want to build a parliamentary campaign, the parliamentary arithmetic means that we may be able to use that to our advantage and see if parliament will back what the north of england are saying. also a very significant development, we have agreed to set up a permanent body to represent the north of england and that is a significant development. so that there can be one voice on the national stage and people can hear us as loudly as they can currently hear scotland, wales and northern ireland. andy burnham there. police in birmingham have obtained what they are calling a landmark
3:22 pm
court injection against suspected members of two criminal gangs took to be involved in gang and drugs offences. 17 people have been served with a legal order, banning them from entering large parts of the city and from mixing with one another. from birmingham we have this report. we are on a way to serve a final gang injunction, forjerome jones was the the men would be the go to certain parts of the city, meet one another or post material online. we are driving through handsworth. one of the areas where the men will no longer be able to go to. it is in what is called the exclusion zone. that stretches from the centre of the city to its outskirts. here are the city to its outskirts. here are the 18 men, 12 of whom are already in prison. they are suspected of
3:23 pm
having links with two prominent birmingham gangs, the burger bar boys and the johnson birmingham gangs, the burger bar boys and thejohnson crew. house number one, and he's not home. pc eva ns, number one, and he's not home. pc evans, we are afterjerome feltonfi the next address, no one answers. this is often the problem we get, we can come as early as we like but we won't necessarily catch them in, and unfortunately we don't have a power of entry to serve the injunctions. you just went round the back, what did you find? there were lights on and windows open which would suggest that there are people in that we can't force them to answer the door, can't force them to answer the door, can we? injunctions have been issued to try and disrupt gang violence between the men. they come after a spate of gun and knife attacks in the city. it enables police officers who know them to undertake, challenge them if they are in particular areas where they are not allowed to be, exclusion zones, if they are in company with people they are not allowed to be, it enables them to be challenged and take them
3:24 pm
back to court, it actually disrupts their lifestyle, and that is the one thing they don't want to happen. the former gang members have told us they don't work. some lawyers believe they are just a cosmetic gesture to show something is being done about gangs. if the injunctions are breached, the men could face time injail. sima kotecha, bbc news, birmingham. the chief comes to cheshire, simon byrne, has been suspended, after allegations made against him last year, which have been investigated by another force. the local police and crime commissioner says mr byrne has a case to answer the gross misconduct with regards to authority, respect, courtesy and discreditable conduct. a father from sussex has been sent to a turkish jailfor sussex has been sent to a turkish jail for 20 sussex has been sent to a turkish jailfor 20 take sussex has been sent to a turkish jail for 20 take home sussex has been sent to a turkish jailfor 20 take home some coins he found was snorkelling. toby robyns, an ambulance driver from southwick in west sussex, was arrested as he made his way through security at bodrum airport. he found the coins on the sea bed while swimming and packed them into his hand luggage.
3:25 pm
well, as you say, toby robins had been on a two—week family holiday turkey. either he or a member of his family had been outspoken and had discovered these old coins on the sea bed. as the family began their long journey home in the early hours of saturday morning, these coins were discovered in luggage as they passed through security at bodrum airport. mr robyns was arrested and detained. these coins were then sent to a local archaeological museum for authentication. they were found to be authentic, and that has left mr robyns facing a charge of smuggling. now, clearly hugely distressing for him, no less distressing for his family, who are here at home in southwick. i went to talk to them this morning.
3:26 pm
they were clearly enormously upset, and enormously distressed. they didn't want to talk to the media, or to give an interview, because this is the situation that they face. while they are here at home, the father of the family is thousands of miles away in a turkish prison, and they have simply no idea of when he might come back. now, the family and mr robyns himself receiving consular assistance from the foreign and commonwealth of the skull and their assistance from the foreign and commonwealth office and their local mp, tim loughton, is also representing them. he gave us a statement in the last few minutes, he told us that we are working with the foreign office to establish all the facts. this was an innocent, albeit foolish, mistake, and we now need to ensure mr robyns is treated fairly and properly. the time is nearly 3:30pm, let's
3:27 pm
catch up on the weather and hear from lucy martin with a forecast. afairamount of a fair amount of rain in a fairly short amount of time last night in northern ireland and today across parts of yorkshire. you can see that rain and cloud pushing its way eastwards, as we have moved through the day, during in some fresher air. still one or two showers as we move through the rest of the day today, particularly northern ireland. that rain will clear through the northern isles as we move through the night. in the west, one or two showers across northern ireland as well. temperatures are bit fresher than last night, overnight lows of 12 to 14 last night, overnight lows of 12 to 1a celsius will stop low—pressure sitting up to the north—west, a day of sunny spells and showers, the majority in the north and west, northern ireland, parts of scotland and northern england making their way slowly eastwards, as we move through the day. for wales and
3:28 pm
southern and central england, we are looking at largely a dry day. it will brighten up with a view sunny spells in the mix as well, temperatures reaching a maximum 22 celsius in the south—east. it will start to feel a touch fresher than we have seen today. as we see the humid air moving out as we move through the day today. hello, this is bbc news. the headlines. the government has published a paper outlining its desire to end the directjurisdiction of the european court ofjustice over uk law after brexit. the home office says it has sent around 100 letters in error to eu citizens living in the uk telling them that a decision has been made to deport them. prince william and prince harry have been talking about their sense of bewilderment at the grieving crowds in the week between their mother's death and her funeral. police and protesters have clashed outside a trump rally in arizona. in his speech, the us president has defended his record on opposing racial hatred. identity theft is reaching epidemic levels according to campaigners.
3:29 pm
they say people in their 30s are the most targeted group. now time to bring you up to date with the sport with leah. thank you very much. england's all—time record goal scorer wayne rooney has retired from international football with immediate effect. he's been described as an icon by fa chairman greg clarke and to talk more about this i'm joined by sports reporter david ornstein. let's talk through what rooney has said. he took to social media to say dreams can come true and playing for england has been exactly that. thanks to everyone involved, it's been amazing. he linked to a statement on his website in which he talked about how it came about, gareth southgate recalled him or tried to recall him, the england manager, for the upcoming friendly
3:30 pm
matches, sorry world cup qualifiers. it was at that point rooney told him his decision was final and he is going to be retiring. it was a classy statement in which he talks about how playing for england has a lwa ys about how playing for england has always been very special to him and he finishes with a little nice line about how one day the dream of england possibly doing well at a major tournament will come true and i look forward to being there as a fan or in any capacity, perhaps he is leaving the door open for a return albeit not as a playing return albeit not as a playing return for england. exciting prospect for england in the future. was it much of a shock this came out? it was a surprise in that he had returned to form with his club everton. he scored two goals in their first two games this season. really without a goal since the euro 2016 goal against iceland he has not even played for england since world cup qualifier against scotland in november. perhaps not a great surprise, he is 31, record goal scorer. second highest caps of all
3:31 pm
time. it's been a career spanning 1a yea rs time. it's been a career spanning 1a years at international level. there's been a huge outpowering of support and tribute to him on social media. certainly he will be remembered as one of england's greatest players. with the fans and public perhaps someone that has split opinion. thank you very much. liverpool will be looking to secure their place in the group stages of the champions league. they have a 2—1 lead over german side hoffenheim after the first leg. they'll again be without phillipe coutinho at anfield tonight, as he recovers from illness and injury. liverpool have turned down three bids from barcelona for the midfielder — butjurgen klopp says his relationship with the brazilian is fine. why you ask if everything is ok between me and him? that was the question, right? and i answered with, of course. or yes. indeed. absolutely. 100%. england's men have reached the
3:32 pm
semifinals of the euro hockey championships in amsterdam. they beat ireland to finish second in pool b. theyjoin england's women who will face the netherlands in their semifinal tomorrow. olympic bronze medallists marcus ellis and chris langridge are through to the third round of the world badminton championships in glasgow. the 14th seeds in the men's doubles had few alarms against austria but they won by two games to nil. cricket news and in the last hour ab de—villiers has announced he is stepping down as south africa's one—day international captain. he will remain available for selection in test cricket and shorter forms of the game. that's all the sport. more
3:33 pm
in the next hour. let's return to our main story this afternoon. theresa may considered it to be one of her red lines, the ending of the jurisdiction of the european court ofjustice in the uk post—brexit. today, the government will set out its plans to stop its influence after march 2019. so how important is the european court ofjustice and what exactly does it do? chris morris from our reality check team has been looking in more detail at the role of the ecj. if you're talking about the resolution of legal disputes in the european union, then this place has the final say. the european court ofjustice based in luxembourg. it's the eu's highest legal authority. now it shouldn't be confused, this is important to note, with a different court, the european court of human rights. a separate institution based in strasbourg which is not part of the european union. and it is the court of human rights, not the court ofjustice, that has often upset british politicians by making it harder, for example, to deport terrorist suspects.
3:34 pm
so what does the ecj do? well, it ensures that eu institutions like the commission and eu member states are complying with european law. it allows member states to challenge eu legislation if they think it's somehow breaks the rules. and it interprets eu law at the request of national courts. in other words, it interprets and enforces pretty much everything the eu does, including the rules of the single market. and that makes it absolutely critical to the brexit process, especially after the tory party conference last year when the new prime minister said this. we're not leaving, only to return to the jurisdiction of the european court ofjustice. that is not going to happen. at that point vague promises during the referendum campaign to take back control of our laws suddenly became a very specific promise to end the jurisdiction of the ecj in the uk. it became a government red line. now the trouble with that is that
3:35 pm
all the rules and regulations that make the eu tick are overseen by the european court. so if the uk decides that after brexit it wants to stay in the european air safety agency or the european arrest warrant or the european medicines agency or a long list of other agencies that regulate various aspects of our lives, it will have to accept that the ecj will still have influence over uk affairs. that is why the government is now calling for an end to the direct jurisdiction of the ecj. which implies an acceptance that we will have to follow many of its judgments indirectly. if we want to create the deep and special partnership with the eu that ministers talk about. and the government's new paper examines a number of precedents, one which has been discussed a lot recently is the efta court which governs the legal relationship that non—eu countries, iceland, norway and lichtenstein, have with the eu single market. the efta court is independent but, in practice, it follows ecj rulings extremely closely.
3:36 pm
the eu could probably accept something similar for the uk but some brexiteers might not. and that is why david davies says he wants a new and unique solution. sir david edward was a judge of the european court ofjustice between 1992 and 200a. hejoins us from his home in edinburgh. sir david, good afternoon. good afternoon. so the prime minister talks about the jurisdiction of the european court of justice talks about the jurisdiction of the european court ofjustice coming to an end in the uk with brexit. do you share that analysis of what we are looking at here? no, i don't, because the ecj doesn't have jurisdiction in the united kingdom in the same way as the uk supreme
3:37 pm
court has jurisdiction in the in the same way as the uk supreme court hasjurisdiction in the united kingdom. all the court ofjustice does is to answer questions about the interpretation and application of eu law. now if eu law no longer applies in the united kingdom because we have left the eu, then the eu courts cannot ask the court of justice to tell them the eu courts cannot ask the court ofjustice to tell them what the law is. on the other hand, the courts of the other member states can do so in so far as british people or businesses are conducting their affairs on the other side of the channel or in the case of services are providing cross—frontier services. so eu law will continue to apply to that aspect of their affairs and the courts of the other member states can ask the ecj to say what the law is. in addition,
3:38 pm
according to the great brexit bill, the uk courts will be obliged to comply with ecj judgments before the date of exit, and after the date of exit to pay regard to those judgments. and in another paper the british government has said, i will just read it, that it is vital for uk and eu consumers, citizens, families and businesses, that there are coherent common rules to govern interactions between legal systems, citizens and businesses need to have continuing confidence as they interact across borders about which country's courts would deal with any dispute, which laws would apply and
3:39 pm
know thatjudgments dispute, which laws would apply and know that judgments and dispute, which laws would apply and know thatjudgments and orders obtained will be recognised and enforced in other countries. can i clarify. you made this point at the start about where the prime minister's statement sits as far as you are concerned. when, in the current situation, a question is posed of the ecj by a member court, ami posed of the ecj by a member court, am i not right in saying that the a nswer am i not right in saying that the answer will apply, applying eu law is binding on that court, that's the situation now. in the future in the uk that won't be the case. presumably that's what the prime minister is getting at here? wellt won't be binding on uk courts. no. only to the extent that the uk will not be applying eu law. can i therefore go down the direct—indirect route. you will have no doubt followed coverage today and much has been made of the use of the word direct as opposed to indirect.
3:40 pm
how do you see the difference going forward between the levels now of influence and the levels in the future? well, to use an old scots phrase, it's a load of blethers. direct influence or direct jurisdiction means what i have said it means, namely, that the eu court can interpret the eu law. indirect influence, i suppose, can interpret the eu law. indirect influence, isuppose, is can interpret the eu law. indirect influence, i suppose, is the other thing i have spoken about, that if people have activities in the eu, then those activities will be governed by eu law as interpreted by the court. but there is one thing further, in a business in britain thatis further, in a business in britain that is selling goods to the eu will have to ensure that those goods comply with the eu standards as
3:41 pm
interpreted by the eu court. now u nless interpreted by the eu court. now unless they're producing two sets of goods for use in the united kingdom and use in the eu, they will have to comply with eu standards because if they want their goods — if they want to export their goods to the eu, then they must comply with the eu standards. thank you very much for clarifying that for us, sir david edward. some breaking news that's coming in that a cyclist who knocked down and killed a mother of two as she crossed the street has been found guilty at the old bailey of quote, wa nton guilty at the old bailey of quote, wanton and furious driving, but cleared of manslaughter following a ground—breaking trial. you will be aware of some of the details. let me remind you of some of the background. a former courier is the
3:42 pm
18—year—old in question. he hit kim briggs as she crossed a street in east london, back in february last year. the 44—year—old hr consultant, who had been on her lunch break, suffered catastrophic injuries when the pair apparently clashed heads and she died in hospital a week later. charlie alliston guilty of wa nton later. charlie alliston guilty of wanton and furious driving but cleared of manslaughter following what's been described as a ground—break trial. let's give you more information on this with this report. it was a split second encounter with a bike that ended kim briggs life. she was crossing a busy london street in her lunch break when she was hit. charlie alliston was the cyclist, 18 at the time, a former courier who said he tried to swerve. but the bike he was riding should never have been on the road. it was designed for the velodrome, without
3:43 pm
gears and, crucially, no brakes. he claimed he didn't know he needed a brake to ride on the road. he said he still wouldn't have been able to stop in time. he was doing about 18mph as he approached this junction. the lights were green. he said he saw kim briggs stepping out yobbed the crossing looking at her phone. he called out and slowed down to less than 14mph. he called out again. and swerved to avoid her. but he told the court she stepped back into his path. after the crash he shouted at kim briggs, he didn't realise how seriously she was injured but she suffered catastrophic head injuries and died a week later in hospital. he was charged with manslaughter and under a law from 1861 with causing body harm by wanton or furious driving. but the jury harm by wanton or furious driving. but thejury decided harm by wanton or furious driving. but the jury decided charlie alliston was not responsible for the death. he has been cleared of
3:44 pm
manslaughter but convicted of injuring her by riding recklessly. he could now face two years in prison. on the evening of the crash charlie alliston wrote online: yes it is herfault, but no, she did not deserve it. hopefully it is a lesson learned on her behalf. he later deleted those words and other comments and told the court they we re comments and told the court they were stupid and not thought through. he previously mentioned this sort of video when he wrote online that he had taken the brake off another bike but in court he denied riding recklessly. this has been a controversial case. now kim briggs family believe cycling laws should be changed to stop more lives being lost. a reminder of that development. charlie alliston guilty of wanton and furious driving but cleared of manslaughter following that ground—break trial. we are waiting
3:45 pm
further reaction outside the court and possible news of sentencing. if that emerges we will bring it to you. we will return to the story of the 100 letters sent in error by the home office to eu citizens living in the uk telling them they're liable for detention and a decision has been made to remove them from the uk. the mistake emerged after the finnish academic dr homberg went public with the letter after applying for a qualified certificate. we can talk to her now. good afternoon. good afternoon. tell me what you thought when you read that letter. well, first my first reaction seeing the envelope was, have i mistaken — have i forgotten to apply for travel expenses or something, why am i getting a letter
3:46 pm
from sheffield? something, why am i getting a letter from sheffield ? when something, why am i getting a letter from sheffield? when i opened this i could not believe my eyes. seeing words like decision has now been taken to remove you from the united kingdom in accordance with section 10 of the immigration act. on the next page, here it is, it says that iam next page, here it is, it says that i am specifically considered a person liable to administrative removal and i am liable to be detained unless i move myself from the uk in the next month. how did you try to pursue what had emerged in that letter to get clarity?” spent most of the last weekend e—mailing and trying to get into contact with people, agencies, home office, me and my husband contacted
3:47 pm
a lawyer who explained that this removal decision is envalid in many ways, at least in two important legal basis. it's unlawful, arbitrary, clearly disproportionate reaction. i applied for a certificate which the home office itself currently doesn't even encourage people to apply for because the new system is supposedly to be in place next yearfor eu citizens. just on the home office here, have the home office contacted you now to say this was an error and we are sorry? yes, they have. how long did it take to do that? well, theissue long did it take to do that? well, the issue was reported today, this morning in one of the biggest finnish newspapers, after that a twitter storm was created when i
3:48 pm
tweeted about this and obviously journalists were also contacting the home office asking on their basis for this removal letter. after which they contacted me, they called me and apologised. i suppose what i am getting at is how long was there in time between the letter arriving and the alarm it obviously caused and the alarm it obviously caused and the clarification you have had now? the letter arrived on thursday. last week. it was dated 14th august. immediately i saw a lawyer to see what is the basis, what can be done, can we appeal, will i reapply or what can be done? in the weekend i contacted my employer and various people. just as a final word, obviously the home office is now
3:49 pm
saying these letters were sent in error. they're apologetic for the fa ct error. they're apologetic for the fact it happened. and say we are absolutely clear that the rights of eu nationals living in the uk remain unchanged. does that put your mind at rest? well, there was supposed to be at rest already, i first received a refusal letter telling me that my application for this qualified persons certificate was denied and on what grounds because i work for a finnish employer, non—uk employer, which the home office even knows that status qualifies for this but i still was refused. at the same time, they were telling people and sending e—mails trying to calm eu nationals down from applying for the certificates or this qualified person, they should wait and be rest
3:50 pm
assured already injune which i did. ididn't do assured already injune which i did. i didn't do anything at that time. then after less than two months this removal letter appears. as a result of going public in the way that you have, have you heard from other people in the same situation?” have, have you heard from other people in the same situation? i have beenin people in the same situation? i have been in contact with numerous people on twitter, via e—mail, facebook, i am yet to go through all of those messages, but i have seen other people reporting similar experiences. the home office, when the guardian contacted them, said that they had issued this kind of letter to 100 people at least, to me they didn't say the numbers. they didn't really know. when i talked to the finnish embassy they said they we re the finnish embassy they said they were aware of maybe a few cases but
3:51 pm
that everything had been resolved. 0k. that everything had been resolved. ok. we appreciate you coming on and talking to us about it. thank you very much for your time. dr holmberg there from london. identity theft is reaching epidemic levels, according to a leading fraud prevention organisation. it says it is seeing nearly 500 cases a day, and that there were nearly 90,000 cases in the first six months of this year — a record high. our personal finance reporter, kevin peachey has the details. our digital footprints are getting deeper the more we go online. fraudsters harvest personal details used on computers and phones and then use them to apply for loans and insurance products in our names. for one victim, nick, it took five months to get it all sorted out. a bank account was set up in my name. subsequently, i was nominated as a guarantorfor a payday loan. i don't know whether that was an online application or not. an application for a credit card
3:52 pm
was made in my name. and goods were purchased in my name. the most targeted group was 31 to 40—year—olds, with cases rising 1.5% to nearly 19,000 in the first half of this year. whereas the over—60s, often considered the most vulnerable to fraud, saw cases drop 6%, the only age group to see a fall. many people don't even realise their identities have been stolen. fraudsters hack computers and trawl social media to try and build up personal details. but they also buy and sell information on the dark web, the part of the internet that is not available through a conventional search. so how can you police this growing threat of fraud? the perpetrators of online fraud are in china, russia, america. so if the police try to follow up some online fraud will find it very difficult to identify any individuals who have perpetrated the fraud. one think tank says it special
3:53 pm
constables could fill the gap. police forces need skills to meet cyber crime. one way of doing this is to use volunteers. we looked at countries like estonia which are employing 1% of their it professionals as volunteers. and if that was translated to england and wales that would be 12,000 people. in the meantime fraud prevention groups suggest people change passwords regularly, notjust to their date of birth or the names of their children. kevin peachey, bbc news. that breaking news from the old bailey in the last ten minutes. cyclist charlie alliston who knocked down and killed a mother of two, kim briggs, as she crossed a treat in east london last february, has been found guilty of what was described as wanton and furious driving. but
3:54 pm
there was a second charge of which he was found not guilty, he was cleared of manslaughter following what's been described as a ground—breaking trial. that's emerged in the last ten minutes or so. the sentence hasn't yet been passed, he could face up to two yea rs passed, he could face up to two years in prison as a result of being found guilty of that one charge. we may hear from the husband of kim briggs outside the old bailey in the next little while. if he appears, we will cross there to hear from him. ahead of that it's time to catch up with the weather prospects. thank you. good afternoon. we have seen heavy rainfall overnight in northern ireland, localised flooding there and also in yorkshire today we have seen fairly heavy rain and as a result of that localised flooding. this photo was sent in by a weather watcher in scarborough. heavy rain ina watcher in scarborough. heavy rain in a short amount of time. it hasn't
3:55 pm
been wet everywhere. we have seen some brightness. this photo sent in from staffordshire. here is the bigger picture, we have seen this band of cloud and outbreaks of rain in the north edging eastwards, behind it starting to drag in fresher air and a few brighter intervals developing. through the rest of the day and into tonight, that rain continues to push eastwards, becoming confined to the northern isles. a few showers overnight pushing to the west and northern ireland. temperatures are going to be fresher than last night. lows of around 12—14. going to be fresher than last night. lows of around ”44. tomorrow we are looking at a day of sunny spells and showers. the majority of those showers coming in from the north and west. first thing tomorrow morning west. first thing tomorrow morning we will see a few showers pushing into northern ireland and the west of scotland. the best of the brightness first thing in eastern scotla nd brightness first thing in eastern scotland and a few showers to look out for in northern england, becoming dryer as we move further south through wales and the south—west although the odd isolated shower isn't out of the question.
3:56 pm
there will be some brighter intervals around first thing tomorrow. dryer in the south tomorrow. dryer in the south tomorrow but a few showers to look out for, particularly in the north—west. they'll make their way across as we move through the day, across as we move through the day, across scotland and parts of northern england but a dryer picture further south with brighter intervals developing. it won't be as warm as today, temperatures reaching a maximum of around 22. into friday we have a similar set—up. low pressure out towards the north—west, so we willing see some bands of showers pushing across northern ireland and scotland. the best of the brightness in the south and east. temperatures reaching a maximum of around 24. that takes us into the weekend. this weather front looks to bring some showers for parts of scotland and we could see some showers in the south—east as this weather front pushes up. some uncertainty. at the moment it looks
3:57 pm
like we will see sunny spells and showers. those showers largely in the north. any sunshine will feel fairly warm but there is uncertainty as we move into the bank holiday monday as to whether or not that dryer weather will last so stay tuned to the forecast. cyclist cleared of manslaughter after he knocked down a pedestrian who later died from her injuries. he was found guilty of a lesser charge. theresa may insists the supremacy of eu judges will end after brexit. under government proposals, the rights of eu citizens in the uk would be dealt with by britishjudges. when we leave the european union, we will leave the jurisdiction of the european court ofjustice. the home office admits sending letters to some eu citizens in the uk, wrongly telling them that a decision had been made to deport them. when i opened this, i could not believe my eyes. seeing words like
3:58 pm
"a decision has now been taken to remove you from the united kingdom".
3:59 pm
4:00 pm

53 Views

info Stream Only

Uploaded by TV Archive on