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tv   BBC News at Ten  BBC News  August 23, 2017 10:00pm-10:31pm BST

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theresa may promises british law for british citizens post—brexit — but others accuse her of a climbdown. under new government proposals, the european court ofjustice will not have a direct say over our affairs. when we leave the european union, we will be leaving the jurisdiction of the european court ofjustice. but critics say it will be impossible to avoid european judges having a role in enforcing disputes between the uk and the eu. also tonight... the cyclist convicted of wanton and furious driving after knocking down a woman who then died. donald trump takes aim and lets rip in a tirade against the media. these are really, really dishonest people. and they're bad people. donald trump takes aim and lets rip in a tirade against the media. a nation had lost its princess. they'd lost a mother — harry and william speak about diana's death. it'll either make of break you. it'll either make or break you. and i wouldn't let it break me.
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i wanted it to make me. i wanted her to be proud. and wayne's world gets smaller as he calls time on his international career with england. coming up on sportsday on bbc news — find out if liverpool could make it through to the group stages of the champions league, with hoffenheim the visitors to anfield in their playoff second leg. good evening. theresa may insists the role of the european court ofjustice in british affairs will end post brexit. as the government published new details of its plans, she said the uk would "take back control of our laws". at the moment, the european court can influence everything from workers‘ rights to trade rules. today's plan suggests it will no longer have what's being called "direct jurisdiction" in these matters. but in what critics see as a climbdown, it does appear to allow the european court some role in future disputes
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between the eu and britain. here's our political correspondent ben wright. it meets in this building in luxembourg, and is the eu's — and therefore britain's — highest legal authority. but brexit, as the prime minister has repeatedly said, must break britain's link with this powerful court. we will take back control of our laws and bring an end to the jurisdiction of the european court ofjustice in britain. a firm promise, and for many leave campaigners, that's what brexit was all about. take back democracy and take back control for our country. now, can we do it? yes! as it reveals its ideas for how disputes between the eu and the uk might be hammered out in the future, the prime minister denied the government was ditching its big red line. we're 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.
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so, why does the european court ofjustice matter? well, it referees disputes between eu institutions and member states. it is the ultimate arbiter for all the rules and regulations that make the eu tick. and itsjudgments have shaped everything from our food standards to workers‘ rights. for many people, it's really become a totemic representation of our lack of control of our own laws. because basically, ministers can find themselves being forced to change uk law because the ec] has said, what we're trying to do here, the laws that parliament has passed, are incompatible with eu law, and we have to change things. but going forward, we're going to have some sorts of relations with the eu, and that means we're not going to be able to divorce ourselves from the influence of the ec] completely. and that's the dilemma for the government. so, what does today's paper tell us about its aims? well, ministers accepted they would have to keep half an eye on rulings by eu judges after brexit. new arbitration bodies will have to be created to ensure the eu and the uk are playing by the same
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rules when a trade deal is done. although the ec] would not have direct jurisdiction over the uk, its judges may have a role interpreting eu law. opposition parties here see the government's position shifting. the government is clearly backtracking on its earlier red lines, and saying there has to be some form of dispute resolution through some form ofjudicial process, and that obviously is the case, and we've indeed said that all along. what the prime minister is now recognising is that there will be a role for the european court, whether it's, for instance, in relation to the withdrawal agreement, the transition period or even post—brexit in terms of the ec] law, the european court law, that we've incorporated into uk law. and the snp urged the government to rub out its red line on the ec] completely. it's revealing, too, that most pro—brexit tory mps seem pretty comfortable with the direction
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the government's going on this. and it's a fact that once britain leaves the european union, judgments by the european court ofjustice will no longer be binding on uk courts. one of the big questions for the negotiations, though, is the extent britain chooses to follow eu law and judgments in return for close co—operation on trade, security and more. so, what happens next? the chief negotiators from britain and the eu will resume their talks in brussels next week, and there have already been disagreements between the two sides on the role the ec] should have in the future. today's paperfrom the uk may smooth things over a bit. it shows that they are accepting there are painful trade—offs to be made, and the fact that they are now saying that if they won't accept the direct effect of the court ofjustice, they could accept it indirectly affecting the uk post—brexit is quite constructive from an eu point of view. centuries of laws piled high in westminster, and restoring parliament's sovereignty is fundamental to brexit.
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but the uk is not about to leap into legal isolation, and eu law, as shaped by the ec], will still be relevant here long after we've left. our legal correspondent clive coleman is here. so, nets just have a look at this — what influences the european court likely to have? once we leave, it's judgments will know longer be binding in the uk courts, so to that extent, its influence has gone. however, the government has been talking about trade, and that is likely to contain a lot of eu law. if we want to sell our cars in germany, for instance, we will have to meet eu commissioner standards. there may be some continuing effluents there may be some continuing efflu e nts in there may be some continuing effluents in that area —— some continuing influence in that area.
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consumer rights, workers‘ rights, for instance, a while ago, you may remember, it ruled that workers who we re remember, it ruled that workers who were working overtime had the right to have that overtime included in their holiday pay cultivation is. so, if there is another ruling which pushes workers‘ rights forward, we won‘t get the benefit of that. on the other hand, however, the government could, for instance, remove the 80 from certain goods. at the moment, that needs the agreement of all member states. but post—brexit, there could be no challenge on that through the ec]. what about the impact on business? there, i think it is a little bit more complicated. the government has set out a number of options on how disputes over trade could be resolved, including joint committee, arbitration and a court like the european free trade area court, which governs countries like lichtenstein and iceland. that court would not have jurisdiction lichtenstein and iceland. that court would not havejurisdiction in any
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of these court of arbitration, but it could retain some influence if, for instance, a post—brexit decision of the ec] is looked at in order to resolve a dispute. and adam fleming is at the european court ofjustice in luxembourg. adam, there‘s still a lot to wade through before the government can even start negotiating this with the eu? yes, and we are outside a court, so let's look at it in a legal way. first, the case for optimism. i spoke to a judge who used to work here at the european court of justice, who welcome the paper from the uk, saying that it showed that they were realistic about the fact that this place may continue to have some kind of indirect influence in british life, even after brexit. there is also evidence that the eu's chief negotiator, michel barnier, is willing to compromise. he has already offered the idea of a joint committee, made up of people from
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both sides, who would harm about disagreements arising from the brexit deal. reading the british paper today, that looks like something which could be palatable to the british government. so that is the case for optimism. the case for pessimism. there will be another round of talks in brussels next week, and top of the agenda will be this issue of eu citizens was no rights in the uk after departure, which the eu wants to guarantee via the european court ofjustice, but which the uk is totally opposed to. expectations of any breakthrough next week are very low, with one diplomat saying to me in private, it is going so slowly, we should expect further delays to be inevitable. and overhanging all of this, the issue of the finances. one british official tonight quoting the great british bake off, saying that the eu side had massively over—egged their demands for money from the uk in all of this. so, which will win out, optimism or pessimism. to stretch
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the metaphor a bit further, the jury is still out. and if you want more information about britain‘s relationship with the european court ofjustice, you can go to the bbc news website at bbc.co.uk/news. the home office has apologised after around 100 letters were wrongly sent to eu nationals warning them they face detention and removalfrom the uk. the error emerged after a finnish academic tweeted about correspondence she received from the department. eva johanna holmberg, who is married to a briton, was told she had a month to leave. a cyclist accused of knocking over and killing a mother of two as she crossed a street in east london has been convicted of "wanton and furious driving". charlie alliston was found not guilty of manslaughter, but the judge said she was considering a jail sentence. alliston, who was 18 at the time, was riding on a bike with no front brakes when he crashed into 44—year—old kim briggs. dan johnson reports. it was a split second encounter with a bike that ended kim briggs‘ life.
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she was crossing a busy london street in her lunch break when she was hit. charlie alliston, in the middle, 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 gears and with no front brake. charlie alliston claimed he didn‘t know he needed one to ride on the road. he said he still wouldn‘t have been able to stop in time. outside court, kim briggs‘ family welcomed this verdict. i would like for us to remember kim, not through the lens of this trial, but for being the beautiful, fun—loving woman who adored her children and who lived her life to the full and by the mantra — make every day count. charlie alliston was doing about i8mph as he approached this junction — the lights were green.
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he said he saw kim briggs stepping out into the road, just beyond the crossing, looking at her phone. he called out and slowed down to less than iamph. he called out again and swerved to avoid her, but he told the court she stepped back into his path. on the evening of the crash, charlie alliston wrote online, "yes, it is herfault, but, no, she did not deserve it. hopefully, it‘s a lesson learned on her behalf." he later deleted those words and other comments and told the court they were stupid and not thought through. this was a complex case that raised some difficult questions about safety and responsibility and about how cyclists and pedestrians share the road. kim briggs‘ family now want tougher cycling laws. the judge remarked that charlie alliston had shown no remorse. he‘ll be sentenced next month. he‘s been warned
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to expect to go to prison. president donald trump has launched a ferocious attack on the media, calling journalists "dishonest" and "sick." "dishonest" and "sick". speaking at a rally of supporters in arizona, mr trump said the media had failed to report accurately his comments about the violent behaviour of far—right nationalists in charlottesville two weeks ago. some senior american journalists have accused donald trump of lying and inciting violence against them. from phoenix, james cook reports. donald trump loves to wind it up. it's donald trump loves to wind it up. it‘s how he won the presidency, railing against elites in government, on wall street and in the media. his favourite target is cnn, which falsely accused of cutting away from his speech. the live red lights... like cnn, cnn
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does not want its falling viewers to watch what i‘m saying to nitrogen for half an hour, this went on and on. the president appeared animated, even angry, as he threw away his script and lambasted what he calls the fake news. and this is why tom and his erratic response to white supremacist violence has opted out outrage and protest, which he now blames on reporters. these are really, really dishonest people, and they are bad people, and i really think they don‘t like our country, i really believe that. for cnn, there is no love lost. i'mjust really believe that. for cnn, there is no love lost. i'm just going to speak from the heart here, what we have witnessed was a total eclipse of the facts, someone who came out on stage and lied directly to the american people, and left things out that he said in an attempt to rewrite history, especially when it comes to charlottesville. president
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trump took his war with the media to a new level tonight, attacking journalists again and again. he clearly regards his best defence from criticism to be a full throated attack. but the audience were delighted. they also loved his promise to secure the border with mexico. the obstructionist democrats would like as not to do it, but believe me, we have to build that wall. on that issue, and on so many others, the anger is frothing. after the rally, it bubbled over on the streets, police using tear gas to disperse a hard—core of protesters. the trouble did not last long. the controversy surrounding the president, by contrast, goes on and on. a rock concert in the netherlands has been cancelled after a minibus containing gas canisters was found nearby. dutch police ordered the last minute cancellation after a tip—off from spanish police.
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the driver of the vehicle, which was reported to have come from spain, is being questioned by police. in birmingham, police have obtained what they say is the country‘s biggest ever gang injunction against 18 men. the men, members of two criminal gangs, have been banned from entering certain parts of the city and from mixing with one another. they must also register their mobile phones and vehicles. a man who tried to smuggle a pipe bomb onto a plane at manchester airport has been jailed for 18 years. nadeem muhammad was stopped at security at manchester airport injanuary and found to be carrying a "crude improvised explosive device" in his luggage. at least 30 people have been killed following an airstrike on the outskirts of yemen‘s capital, sanaa. houthi rebels, who control the capital, say the attack was carried out by the coalition, led by saudi arabia. the un refugee agency in yemen has accused both sides of maiming and killing children. saudi—led forces have been fighting the houthis for more than two years. thousands of people have been killed and yemen is in the grip
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of a cholera epidemic and threatened with widespread famine. here‘s our middle east editor, jeremy bowen. the attack on the hotel left another ruin in a devastated country and dozens more dead. it will also be seized on by those who believe the saudi—led coalition selects its targets without regard for civilian lives. safeguarding non—combata nts is the legal obligation of any belligerent in a war. the war has created what is now the world‘s worst humanitarian crisis. disease has swept through yemen, more than 500,000 have contracted cholera. the un estimates 80% of the population needs humanitarian assistance. more than one million under—fives are acutely malnourished. the current conflict in yemen started in march 2015 when a coalition,
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led by saudi arabia, intervened in a civil war. the declared aim was to restore the internationally recognised government. it had been thrown out of sanaa, the capital, by an alliance of houthis, a powerful family from the north, and forces loyal to ali abdullah saleh, the former president. he once said that governing yemen was like dancing on the heads of snakes. but the saudi move was also a message to iran, its rival across the gulf, to keep out of its backyard. the iranians have given some help to the houthis, though most likely less than the saudis claimed. explosion all sides in the war have contributed to the disaster in yemen. war crimes, the un has said, have happened with alarming frequency. but yemen‘s food crisis, which is starving millions, has been made much worse by the blockade imposed by the saudi—led coalition.
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earlier this year, cranes in the port of hudaydah were destroyed by saudi—led air strikes, paralysing docks which the un had been using to import food aid. this week in the capital, sanaa, tension has been rising. the ruling alliance between the houthis and former president saleh is fracturing. both sides are preparing for big rallies tomorrow. a new intensification of the war will only deepen yemen‘s man—made disaster. jeremy bowen, bbc news. princes william and harry have spoken about their emotions in the days and weeks following the death of their mother, princess diana. in a bbc documentary marking 20 years since her death, prince william said he didn‘t want the death of his mother to "break him" and wanted instead for her to be proud of him. prince harry expressed
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the anger he still feels towards the photographers who followed her and photographed her as she lay dying. our royal correspondent, nicholas witchell, reports. his report contains some flash photography. 20 years ago they were children, doing their best to cope with their own grief amid the close attention of a grieving nation. it had been their father who‘d had to break the news to william and harry that their mother was dead. they‘d been at balmoral and in the documentary they say how relieved they were that the queen had kept them there for a few days. they were grateful too to their father. "he did his best for us", says harry. but 20 years later, there is one particular detail about that tragic night which harry finds it difficult to accept, the behaviour of the french photographers who pursued diana‘s speeding car into the alma tunnel. i think one of the hardest things to come to terms with is the fact that the people that chased her into the tunnel were the same people that were taking photographs of her while she was still dying
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on the back seat of the car 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 in this country. william and harry though were determined not to show their feelings. they start walking down the road towards the mall. the decision to walk behind their mother‘s coffin was a collective family decision, says william. more than anything else, they wanted to be true to their mother‘s memory. 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 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. it leaves you...
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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 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. 20 years have past, there‘s a generation now with no direct memory of these events, but for many it remains a week in britain‘s recent history which retains a powerful, emotional resonance. nicholas witchell, bbc news. you can see that documentary, diana, 7 days, on bbc one, on sunday, at 7.30pm. a holidaymaker from west sussex has been arrested in turkey for trying to take home some ancient coins he found while snorkelling on a family holiday. toby robyns, an ambulance driver from west sussex, found the coins on the seabed near bodrum and packed them in his hand luggage. he was arrested as he made his way through security at bodrum airport. the pound has fallen to an eight year low against the euro it‘s almost one for one now with the pound worth just over one euro and eight cents, it‘s lowest level since october 2009. continuing brexit uncertainty and a favourable economic performance from the eurozone has helped to boost the euro. major clean—up operations
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are under way after severe flooding in parts of the uk. heavy rain hit northern ireland yesterday evening, leaving a trail of destruction. bridges collapsed, roads gave way and more than 100 people had to be rescued from their vehicles. parts of the country saw two thirds of august‘s average rainfall injust nine hours. this morning the bad weather hit north and west yorkshire causing flash floods. this was the scene in scarborough where overflowing drains flooded the main street. a senior us navy official has been sacked after the warship the uss john mccain collided with an oil taker. the commander of the seventh fleet, vice admiraljoseph aucoin, had been due to retire in a few weeks‘ time. ten sailors are still missing, feared dead, following the incident off singapore. rupert wingfield hayes sent this report from singapore. these are the faces that have lost the us seventh fleet commander his job. they are the seven young sailors
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who died aboard the uss fitzgerald when it was struck off the coast ofjapan injune. now there are almost certainly ten more faces to be added to these, the victims of the latest collision of the ussjohn mccain, off the coast of singapore. vice admiraljoseph aucoin was due to retire next month, instead he‘s been very publicly sacked. this is the man who today fired him, the us pacific commander, admiral scott swift, he said he had "lost confidence" in his ability to command. for 70 years, the us seventh fleet has been the embodiment of american military might in this region, a reassurance to america‘s allies from korea to japan to here in singapore and a warning to america‘s potential foes, but seeing these two destroyers, run down by cargo ships, barely limping back in to port with massive holes until their sides, right now the seventh fleet looks
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anything but invisible. but is the reason poor command or a us navy that is stretched to breaking point? over the last 30 years, it has shrunk from nearly 600 ships to just 276 today. it‘s a question i put to admiral swift. is there an issue of negligence here or is itjust that your men and women are exhausted from overwork? i was on mccain this morning, looking at the eyes of those sailors, even after their heroic efforts yesterday, i didn‘t see exhaustion. so that view is not a view that i see reflected to me by the 140,000 sailors that man the pacific fleet. admiral swift will need to move fast to restore credibility. china is already saying these accidents show us power is declining here. america‘s allies are looking on anxiously. rupert wingfield—hayes, bbc news, in singapore. we reported recently that learner
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drivers are to have lessons on the motorway from next year. now, a road safety charity wants driving on rural roads to be made compulsory for learners. figures calculated per billion miles of each type of road show that on rural roads there were 9113 deaths in 2015. that‘s compared to 577 on urban routes and 96 deaths on motorways. a word of warning, claire marshall‘s report starts with pictures of an accident which you might find upsetting. no—one in the incident, nor the animals, were badly hurt. watch what can happen on a quiet rural road. incredibly, the horses and the riders have now fully recovered. good boy. ali‘s experience was worse. it wasn‘t caught on camera,
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but her last horse was killed. she‘d been riding with her son and a friend in a village near melton mowbray. despite all wearing high visibility gear, a car slammed into the back of them. dylan‘s spine was broken, he had to be put down, the carjust missed her son. how are you, after that? the early days were very difficult for everybody. it was a lot of flashbacks, a lot of fear, a lot of grieving. but also, not knowing if i would ride again. i live in the countryside and i know that the roads are going to be busy because it‘s harvest time. just pull in here. now a charity says all drivers should be made to learn this kind of thing. 80% of young driver fatalities occurred on rural roads, that‘s why brake‘s calling for a radical overhaul of the learn to drive system. rosie lives in bristol city centre. she‘s not used to country
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lanes, we took her out with a specialist instructor. what's going to happen if you see a tractor coming towards you? how much space is it going to take up? she learns valuable lessons. i definitely get mainly nervous that i‘m not doing it right, because they all know the roads very well and they shoot round them. just reassuring me that going slower, so you don‘t crash, is a good thing. the department for transport says oui’ roads are some of the safest in the world and changes aren‘t necessary, but farmers feel the driving test does need to be modernised. agricultural machinery is getting bigger, roads aren‘t getting any wider and they‘re not building any more of them. so the issues that we‘re having sort of every year, you‘re getting more issues on the roads. the message is that for everyone‘s safety, including passengers, the challenges of rural driving need to be understood. claire marshall, bbc news, leicestershire. england‘s all—time top goalscorer, wayne rooney, is retiring
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from international football. rooney appeared 119 times for england, scoring 53 goals. the striker, who‘s returned to his boyhood club everton, is back to scoring form, but he says the time is right to bow out. our sports editor, dan roan, reports. he‘ll go down as one of england‘s‘s greats. commentator: and rooney's shot! 0h, fabulous! but today, wayne rooney resisted the temptation to prolong an international career that earned him a place in footballing history. in a statement that took the sport by surprise, the striker said... already england‘s youngest ever player, rooney was the team‘s star performer at his first major tournament. commentator: rooney is the big discovery of euro 2004. in an international career that spanned 1a years and six managers, rooney became captain and then record goal—scorer. this how much it meant to him.
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it‘s a huge moment for myself, me and my family, in my career. so, hopefully, for the team, for myself, a lot more to come. for a player that won everything for manchester united,

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