23/08/2017 BBC News at Ten

Theresa May promises British law for British

citizens post-Brexit - but others accuse

Under new government proposals, the European Court of Justice

will not have a direct say over our affairs.

When we leave the European Union, we will be leaving the jurisdiction

But critics say it will be impossible to avoid European judges

having a role in enforcing disputes between the UK and the EU.

The cyclist convicted of wanton and furious driving after knocking

Donald Trump takes aim and lets rip in a tirade against the media.

These are really, really dishonest people.

Donald Trump takes aim and lets rip in a tirade against the media.

They'd lost a mother - Harry and William speak

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.

Theresa May insists the role of the European Court of Justice

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

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

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

A firm promise, and for many Leave campaigners, that's

Take back democracy and take back control for our country.

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

We will put in place arrangements to ensure that businesses

have the confidence of knowing they can continue to trade

So, why does the European Court of Justice matter?

Well, it referees disputes between EU institutions and member states.

It is the ultimate arbiter for all the rules and regulations

And its judgments have shaped everything from our food

For many people, it's really become a totemic representation of our lack

Because basically, ministers can find themselves being forced

to change UK law because the ECJ has said, what we're trying to do here,

the laws that Parliament has passed, are incompatible with EU law,

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

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 rules when a trade deal is done.

Although the ECJ 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 of judicial process,

and that obviously is the case, and we've indeed

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 ECJ law,

the European Court law, that we've incorporated into UK law.

And the SNP urged the Government to rub out its red line

It's revealing, too, that most pro-Brexit Tory MPs

seem pretty comfortable with the direction

And it's a fact that once Britain leaves the European Union,

judgments by the European Court of Justice will no longer be

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.

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 ECJ should have

Today's paper from 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 of Justice, they could accept it

indirectly affecting the UK post-Brexit is quite constructive

Centuries of laws piled high in Westminster,

and restoring Parliament's sovereignty is

But the UK is not about to leap into legal isolation, and EU law,

as shaped by the ECJ, will still be relevant

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 in that area -- some

continuing influence in that area. Consumer rights, workers' rights,

for instance, a while ago, you may 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 ECJ. 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 in any

of these court of arbitration, but it could retain some influence if,

for instance, a post-Brexit decision of the ECJ is looked at in order to

resolve a dispute. And Adam Fleming is at the European

Court of Justice 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 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 of Justice, 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 the metaphor a bit further, the jury

is still out. And if you want more information

about Britain's relationship with the European Court of Justice,

you can go to the BBC News The Home Office has apologised

after around 100 letters were wrongly sent to EU nationals

warning them they face detention The error emerged after a Finnish

academic tweeted about correspondence she received

from the department. Eva Johanna Holmberg,

who is married to a Briton, 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 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. It was a split second

encounter with a bike that She was crossing a busy

London street in her lunch 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 Charlie Alliston claimed

he didn't know he needed one 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 - Charlie Alliston was doing

about 18mph as he approached this 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 14mph. He called out again and swerved

to avoid her, but he told the court On the evening of the crash,

Charlie Alliston wrote online, "Yes, it is her fault,

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 Kim Briggs' family now want

tougher cycling laws. The judge remarked that Charlie

Alliston had shown no remorse. He's been warned

to expect to go to prison. President Donald Trump has

launched a ferocious attack on the media,

calling journalists 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 Some senior American journalists

have accused Donald Trump of lying 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 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'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 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 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 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 in January and found to be carrying

a "crude improvised explosive 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 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 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 It will also be seized on by those

who believe the Saudi-led coalition selects its targets without regard

for civilian lives. Safeguarding non-combatants

is the legal obligation of any The war has created

what is now the world's worst Disease has swept through Yemen,

more than 500,000 have The UN estimates 80%

of the population needs More than one million under-fives

are acutely malnourished. The current conflict

in Yemen started in March 2015 when a coalition,

led by Saudi Arabia, The declared aim was to restore

the internationally 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, He once said that governing

Yemen was like dancing 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. All sides in the war

have contributed to 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 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 Both sides are preparing

for big rallies tomorrow. A new intensification

of the war will only deepen Princes William and Harry have

spoken about their emotions in the days and weeks

following the death 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

the anger he still feels towards the photographers

who followed her and photographed 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 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

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. From the solitude of Balmoral,

William and Harry had moved to the bewildering

intensity of London. They met some of the grieving crowds

and it's clear that they found "I couldn't understand then",

says William, "why people were so upset over someone

they didn't know." The public display of emotion

reached its height on the day William and Harry though

were determined not 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 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, You know, it will either

make or break you and I I wanted it to make me,

I wanted her to be proud 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 You can see that documentary,

Diana, 7 days, on BBC One, A holidaymaker from West Sussex has

been arrested in Turkey for trying to take home some ancient coins

he found while snorkelling Toby Robyns, an ambulance

driver from West Sussex, found the coins on the seabed

near Bodrum and packed them 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

are under way after severe Heavy rain hit Northern Ireland

yesterday evening, leaving Bridges collapsed, roads gave way

and more than 100 people had to be Parts of the country saw two

thirds of August's average This morning the bad weather hit

North and West Yorkshire This was the scene in Scarborough

where overflowing drains 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 Admiral Joseph Aucoin, had been due to retire

in a few weeks' time. Ten sailors are still

missing, feared dead, Rupert Wingfield Hayes sent this

report from Singapore. These are the faces

that have lost the US They are the seven young sailors

who died aboard the USS Fitzgerald when it was struck off the coast

of Japan in June. Now there are almost certainly ten

more faces to be added to these, the victims of the latest collision

of the USS John McCain, Vice Admiral Joseph Aucoin was due

to retire next month, instead he's This is the man who today fired him,

the US Pacific Commander, Admiral Scott Swift,

he said he had "lost confidence" 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

anything but invisible. But is the reason poor

command or a US Navy Over the last 30 years,

it has shrunk from nearly 600 It's a question I put

to Admiral Swift. Is there an issue of

negligence here or is it just 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, So that view is not a view that

I see reflected to me by the 140,000 Admiral Swift will need to move fast

to restore credibility. China is already saying

these accidents show US America's allies are

looking on anxiously. Rupert Wingfield-Hayes,

BBC News, in Singapore. We reported recently that learner

drivers are to have lessons Now, a road safety charity wants

driving on rural roads to be made Figures calculated per billion miles

of each type of road show that on rural roads

there were 943 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 It wasn't caught on camera,

but her last horse was killed. She'd been riding with her son

and a friend in a village Despite all wearing high

visibility gear, a car slammed Dylan's spine was broken,

he had to be put down, 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 Now a charity says all drivers

should be made to learn 80% of young driver fatalities

occurred on rural roads, that's why Brake's calling

for a radical overhaul She's not used to country

lanes, we took her out What's going to happen if you see

a tractor coming towards you? How much space is it

going to take up? 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 The Department for Transport

says our 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 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 Our sports editor,

Dan Roan, reports. He'll go down as one

of England's's greats. COMMENTATOR: And Rooney's shot!

Oh, Fabulous! But today, Wayne Rooney resisted

the temptation to prolong an international career that

earned him a place in 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 14 years and six managers, Rooney became captain

and then record goal-scorer. 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, injuries and ill-discipline ensured

that his England career was not without controversy and at times

the frustration boiled over. Nice to see the home

fans booing you! Wayne Rooney said today that one

of his few regrets in football was retiring having never been part

of a successful England side at a major tournament,

but he insists the time has come to put club before country

and focus all of his energies A return to Rooney's boyhood club

this summer saw a return to form having been dropped by England boss

Gareth Southgate last year a recall beckoned,

but the offer was rejected by a player who some believe

deserves more credit. It's very important to remember

that the vast majority of his career, he's only really been

the one England world-class player. So he's gone in at a time

were we've struggled, we've had bad sides in the last

few major competitions. We haven't had enough world-class

players alongside him. Rooney was the last of English

football's faited, but ultimately unfulfilled golden generation,

but his records and commitment Newsnight's about to begin over

on BBC Two in a few moments, Tonight, never has America's motto

of E pluribus unum - from many come one -

felt less relevant. Is the USA's increasingly fractious

politics healthy or harmful? Here, on BBC One, it's time

for the news where you are.