23/08/2017 BBC News at One

The Prime Minister says the UK will take back control of its laws,

when the country leaves the European Union.

Government proposals just released stress that the European Court

of Jusice would retain no direct jurisdiction.

When we leave the European Union, we will be leaving

the jurisdiction of the European Court of Justice.

We will be able to make our own laws. Parliament will make our laws.

But as judges will interpret those laws. And the British Supreme Court

will be the ultimate arbiter of those laws.

We'll have the latest on the government proposals.

Princes William and Harry have spoken about the days

following their mother's death - Harry spoke of the anger

he feels towards the photographers who chased.

She had had quite a severe head injury but she was still very much

alive. Those people that caused the accident, instead of helping, were

taking photographs of her dying on the back-seat.

President Trump launches a lengthy tirade against the media,

saying most journalists are bad people who hate America.

18 members of two rival gangs have been banned

from parts of Birmingham, after leaving a trail

And how well are you protecting your identity?

A warning that identity theft has reached a record high.

And coming up in the sport on BBC News, Conor McGregor arrives

in Las Vegas ahead of what could be the most lucrative fight in boxing

history, against the undefeated Floyd Mayweather.

Good afternoon and welcome to the BBC News at One.

The Prime Minister says the UK will "take back

control" of its laws, when the country leaves

The government has published a legal paper on how disputes could be

resolved in the future trade relationship with the EU,

which stresses that the UK will leave the jurisdiction

Ministers have pointed out that the ECJ has no influence over

the EU's trade deals with Canada or Singapore, so the UK

The government has also stressed that the rights of EU citizens

living in the UK after Brexit will be protected by

Critics say European judges could retain some influence.

Our political correspondent, Leila Nathoo, reports.

It is the EU's highest legal authority. The European Court of

Justice settles disputes within the EU, and enforces its rules.

Judgments handed down 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 of Justice 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 by judges not in Luxembourg, but in court across this

country. And so today, proposals for a new way forward. New arrangements

for policing our future relationship with the EU. We have issued a paper

which shows a number of ways in which it would be possible to

resolve disputes. 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 of Justice. We will put in place arrangements to ensure

businesses have the confidence of knowing they can continue to trade

across the European Union. The European Court of Justice is the

bedrock of all EU institutions. Its reach is extensive. Ministers

promised today to end specifically the direct jurisdiction of the

court. That has punted claims of a climb-down. Pragmatism has won out.

The Prime Minister's earlier position making this a red line was

always impractical. Now we're moving to a sensible position. Indeed we

said at the time this is where we would have two and up to have a

compromise. The Prime Minister is recognising there will be a role for

the European Court, whether it's in relation to the withdrawal

agreement, the transition period or even post Brexit in terms of the ECJ

law, the European law we have incorporated into UK law. Restoring

the sovereignty of our place -- this place, our Parliament deciding our

laws, was one of the key promises of the Leave campaign. It goes to the

heart of what Brexit means. Any suggestion European Court of Justice

could still hold sway in the UK is unlikely to satisfy Brexiteers. We

wish to be independent because European law, European budgets,

European requirements don't always sued the UK and are getting in the

way of progress. We want to take control and that means ending the

role of the European court. Theresa May insists she is sticking to a red

line but that could prove a stumbling block in the negotiations.

Brussels wants a future role for the European Court and once default

matters dealt with first. It won't be an easy ride.

So how does the European Court of Justice work and what is its role?

Adam Fleming has been to the Court in Luxembourg to find out more.

Welcome to the ECJ, where justice is served EU style.

The Court of Justice - that's where national courts can ask

for EU laws to be clarified, and EU countries can get

and the general court, where decisions made by the European

institutions can be challenged by countries, companies,

But remember, this is absolutely not the European Court of Human Rights.

That's part of a separate organisation, that's not the EU.

So, it's not part of the Brexit process.

That is totally different, totally separate.

Well, recent rulings, which impact you and me,

included a decision that if you fall sick during annual leave from work,

Plus, it was the ECJ which decided anyone who wanted to access benefits

in the UK had to prove they lived in the country.

However, the ECJ overruled British tax rules, forcing HMRC

to refund some taxes back to a number of businesses.

This is every judgment from the 1950s to about 2010

To supporters of this place, it's amazing.

To critics, these are examples of foreign judges interfering

So, where do we think this place will feature in Brexit negotiations?

Well, the EU wants a big future role for the ECJ,

particularly when it comes to the rights of EU

The British government isn't quite so sure.

Anyway, case - definitely not - closed.

Adam Fleming, BBC News, at the European Court

With me now is our legal correspondent, Clive Coleman.

In reality, isn't the ECJ still going to have influence? In reality,

I think it will continue to have influence. The question is, how

much? The government reiterated their position, which is not

controversial, which is that when we leave EU law ceases to have direct

effect. Judgments in the European Court of Justice ceased to be

binding on this country. What follows? There will be a bilateral

agreement. There will be a trading agreement. How is that overseen,

policed and how are disputes dealt with? There are a number of

different scenarios which provide for greater or lesser influence of

the ECJ. The government makes it clear if it is a bilateral

agreement, the ECJ shouldn't have sold jurisdiction over any

arbitration mechanism, nor should the UK. The point is that the EU

position is pretty clear. This agreement is made up of EU law, if

it looks like event sounds like it, it is the ECJ that should adjudicate

on matters of dispute. As we are going to be outside of the EU, we

want to trade in, sell our cars, it's difficult to see how the

influence of the ECJ can be entirely expunged. Clive Coleman. Thank you.

Our political correspondent, Iain Watson, is in Westminster

That is very striking to hear. Set against what Theresa May says. It

reminds us of the complexity? Yes, it is a complex process, trying to

get rid of 40 years of directives and regulations that Bauwens us up

with the EU. This document has been pretty well formed. There are some

things which are politically quite important in this document. The

first thing to state is that the government is saying, it is further

UK courts in the future to guarantee the rights of EU residence here.

That proved a big stumbling block in early Brexit negotiations. The

European Commission still wants a role for the ECJ. The government

wants UK courts do have that say. The ECJ is out. The government is

right in saying there will be no direct jurisdiction of the ECJ, in

the sense they will not automatically follow the rulings any

longer. But as Clive Coleman pointed out, it could have a big direct

influence. When we get into some of these examples, the government says

it wanted it -- bespoke deal. The president it sets out between other

countries and the EU, the disputes panel is they have two police future

trading arrangements, these are purely examples. Nonetheless, it is

a case that Moldova, the decision of the EU Court, the ECJ, in

interpreting EU law, is binding on any disputes panel between Moldova

and the EU. There are other examples where there is a more flexible

arrangement. What the government makes clear is that it doesn't have

one particular model in mind but wants to get some discussions under

way. It will not be flexible when it comes to EU citizens' rights. Maybe

more flexible when it comes to future trading arrangements in its

relationship with the ECJ. Ian Watson.

Princes William and Harry have described their bewilderment

when they encountered grieving crowds, on the day

Speaking in a BBC documentary marking 20 years since the death

of Diana Princess of Wales, they say walking behind her coffin

Our royal correspondent, Nicholas Witchell, reports.

It was the week when a nation mourned, and the monarchy

At its heart were two boys, William and Harry,

Grieving for the loss of their mother, but required

by their royal position to appear in public and help assuage

In a BBC documentary, William and Harry speak

about the numbness and confusion they felt when they were told

And in Harry's case it's clear that there 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

that the people that chased her into the tunnel

where the same people that were taking photographs

of her while she was still dying on the back-seat of 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

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

And of their father, he tried to do his best for us, says Harry.

When they moved from Balmoral to London,

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, a 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,

You know, it will either make or break you.

I wanted her to be proud of the person I would become.

I didn't want 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,

They were children, coping with their own grief

and the attention of a grieving nation, and who kept going to honour

And you can see that documentary - Diana, 7 days -

President Trump has used a rally in Arizona to launch a blistering

attack on media coverage of his response to violence in

The president was accused of failing to condemn the white supremacists

who clashed with anti-fascist protesters, and for saying

But the president told supporters in Phoenix that the "dishonest

media" had been selective in its reporting.

Teargas 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

There have been announcements telling people to go

home, telling protestors to leave the area.

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

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

They make up stories. They have no sources in many cases.

They say, "A source says", there is no such thing.

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

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, as a full throated attack on the messenger.

James Cook, BBC News, Phoenix, Arizona.

Our correspondent, Gary O'Donoghue, is in Washington.

The president is just not giving up on this topic especially in relation

to what happened in Charlottesville. He is rerunning this time and again

over the last ten days or so. And failing last night to mention this

crucial phrase about violence on many sides which really was where

the criticism of him came. That was the main point of the criticism,

that he did not talk about that last night, he talked about a range of

things, having a go at the media, suggesting it had switched off live

coverage of cameras including CNN. I can tell you I was watching CNN and

they did not switch off live coverage was also threatening to

shut down the government if he did not get his way. That means services

not being provided, people not getting paid. That could happen in

the autumn if he is to be believed. And all shall bash also lashing out

that the lead in the country talking about them as having not as good an

education as he had and he said I have a bigger and more beautiful

apartment than them and I also live in the White House which is really

great. Thank you very much. The Prime Minister says the UK

will take back control of its laws, when the country leaves

the European Union. Wayne Rooney has just announced his

retirement from international football.

Liverpool midfielder Philippe Coutinho will miss

tonight's Champions League play-off against Hoffenheim through illness.

Liverpool lead 2-1 going into the second leg.

Police in Birmingham have obtained what they're calling landmark court

injunctions against suspected members of two criminal gangs,

thought to be involved in gun and drugs offences.

17 people have been served with a legal order banning them

from entering large parts of the city and mixing

Our Midlands Correspondent Sima Kotecha sent this report.

Early morning and police in Birmingham are getting ready

to issue several men with gang injunctions.

We are on our way to serve a final gang injunction on a man

For the next two years the men won't be able to go

to certain parts of the city, they won't be able to meet one

another, and they won't be allowed to post material online.

Well we are driving through Handsworth, one of the areas

where the men will no longer be able to go to.

And it is in what is called the exclusion zone and that area

stretches from the centre of the city to its outskirts.

Here are the 18 men, 12 of whom are already in prison.

They're all suspected of having links with two

The Burger Bar Boys and the Johnson Crew.

House number one, and he is not home.

This is often a problem that we get, we can come as early as we like,

but we won't necessarily catch them in.

And unfortunately we do not have the power of entry

You just went round the back, tell me what you found?

There were lights on and windows open, which would suggest to me

But we can't force them to answer the door, can we?

The injunctions have been issued to try and disrupt gang

They come after a spate of gun and knife attacks in the city.

It enables police officers, who know them, to undertake to challenge them

if they are in particular areas where they are not allowed to become

If they are in company with people they are not allowed to be,

it enables them to be challenged and taken back to court.

It actually disrupts their lifestyle and that is the one thing

But former gang members have told us they do not work.

Some lawyers believe they're just a cosmetic gesture to show something

If the injunctions are breached, the men could face time in jail.

A charity worker who helped expose the sexual exploitation of children

in Rotherham has spoken publicly for the first time about the stress

of a long-running council investigation into her role.

The BBC understands the local government ombudsman will now

investigate Rotherham Council for its handling of

a complaint about the whistleblower Jayne Senior.

Our social affairs correspondent Alison Holt has this

Rotherham in South Yorkshire is a town emerging from the darkest

of times after a child sexual exploitation scandal which showed

the authorities ignoring the problem for years.

Jayne Senior was a whistle-blower who helped expose

For 12 months now she has been investigated by Rotherham Council

Speaking about it for the first time, she says it

And I feel more vilified than some of the perpetrators in Rotherham.

That is how you feel at the moment, you feel vilified?

She says she is accused of sharing information

inappropriately and of making money from media appearances.

It devastates me, I do not receive money for doing interviews.

I do not and have not done this for money.

Somebody told them that I was earning a significant

Former detective Michael Fowler is on the management

committee of the charity where Jayne Senior works.

We have policies and procedures here to deal with allegations.

They have deliberately bypassed those, even

when we have asked them to stop, it just seems as though they want

Given Rotherham's history, the council has to make

sure it investigates all complaints thoroughly.

But the question being raised here is about the length

The council says it has appointed independent investigators

and has a duty to robustly and fairly consider complaints.

It also says it cannot comment further.

Rotherham has made significant progress over three years with major

But for some families, still not enough has changed.

This is when she were only a few months old.

Gemma Roberts was first exploited in a council run children's home.

Her foster parents say as an adult, plagued by the same abusers,

she still didn't get the help she needed.

The perpetrators that had got Gemma hooked on drugs

and lending her money, manipulating her, were coming

Police didn't come on two occasions, they came on one.

She felt like I felt, that she wasn't listened to.

Last February Gemma died of a morphine overdose.

She had been waiting three weeks for police to take her statement

after being gang raped by her exploiters.

They were still there from the care system,

South Yorkshire Police said they do not have details

of the specific incidents and that they will

But Gemma's death is a tragic reminder of the importance

The Transport Secretary, Chris Grayling, says politicians

in the north of England should find the solutions to its regional

transport problems, not central government.

His comments come as northern leaders are meeting in Leeds calling

for more money and a commitment from central government

to help improve transport links in the region.

Our correspondent Dan Whitworth is in Leeds.

How has that comment from Chris Grayling gone down? Not very well as

you might imagine. It has been dozens of political business leaders

who have meeting here behind me in Leeds all day. Just about wrapping

up now. The message is one of unity and speaking with one voice when a

call on government to demand more commitment and indeed more money to

help improve public transport right across the north of England. This

comes in the wake of an article in the Yorkshire Post this morning from

Transport Secretary Chris Grayling. The headline says it all, is that to

the north to sort out real issues. That left a sour taste with some of

the delegates behind me. This is important as the North of England

has 15 million people, the tenth largest economy in the EU if it was

its own region. So a lot of passion here, Chris Skelley says the

government has already spent billions to improve transport

networks here in the north. Much more to come on this issue no doubt.

-- Chris Grayling. Identity theft is reaching epidemic

levels, according to a leading fraud 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 new 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 guarantor for a payday loan. I don't know whether that was

an online application or not. An application for a credit card

was made 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 Whereas the over 60s,

often considered the most vulnerable to fraud,

saw cases drop 6%, Many people don't even realise

their identities have been stolen. Fraudsters hack computers and trawl

social media to try and build But they also buy and sell

information on the dark web, the part of the internet that is not

available through a 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 One think tank says IT special

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 And if that was translated

to England and Wales that In the meantime fraud prevention

groups suggest people change passwords regularly,

not just to their date of birth Wayne Rooney has just announced his

retirement from international football. He is the all-time leading

scorer with 50 goals in 119 appearances. David Ornstein can tell

us more. This is shock news that we received within the past half an

hour. Wayne Rooney, his 14 year international career stretching back

to 2002 is over. He has not played for England since November, a

friendly against Scotland. He was then dropped from the squad for

friendly matches over the summer against Scotland and France. So you

could save perhaps the writing was on the wall then but having moved

from Manchester United to Everton, his boyhood club, he found his top

form again scoring twice in the first two games for Everton. And

Gareth Southgate the England manager was planning to recall them into the

England squad for the upcoming friendlies. But Wayne Rooney inform

Southgate of his desire to retire and said that visit. He retires, his

international career is over. Thank you.

Good afternoon. A large amount of rain in a short space of time across

Northern Ireland last night. Thunderstorms edging their way north

east into West of Scotland. We have also seen some heavy and thundery

showers in the north of England today. This photograph sent in from

Barnsley. Further south it is drier and brighter. A little bit less in

the way of rain in Suffolk. The band of rain in the North and Cloud

further south edges slowly eased as we move through the day. Pushing up

the humid air towards the east and bringing in some fresh air from the

West. With some brightness in there as well. So for Northern Ireland and

throw the rest of the day sunny spells and showers, some of those

could be quite heavy. And it starts to brighten up in the West of

Scotland, a little more cloud around in the east. Just some showers

around for England and the South West. Starting to feel a bit

fresher. But for the south-east we held onto that more humid air.

Feeling a little bit warmer but starting to brighten up moving

through the day. So it's denied the rain becoming confined to the far

Northern Isles. Some showers pushing into Northern Ireland and the West

but further east some dry conditions and temperatures a lot fresher than

last night. Overnight lows of around 12, 14 Celsius. So tomorrow low

pressure in charge in the North West. That will send in some showers

to Northern Ireland and Scotland. Slowly moving east. A similar story

in the north of England, showers pushing east. But for Wales and

Central and southern England a lot of brightness around but feeling

fresher. As we move into Friday a similar setup, low pressure stayed

in charge in the north-west. And some bands of showers pushing into

Northern Ireland and parts of Scotland. Northern England and Wales

are little more in the way of brightness with highs of 24 Celsius.

That takes us into the weekend and some heavy showers for Scotland,

some showers in the south-east as well. A bit of uncertainty in the

forecast. At the moment some showers in the north for Saturday and Sunday

but not a total wash-out, some sunshine in the mix as well. The

question is whether that will last into Monday and at the moment there

is some uncertainty so stay tuned and we will keep you up-to-date.

A reminder of our main story this lunchtime.

The Prime Minister says the UK will take back control of its laws,

when the country leaves the European Union.

That's all from the BBC News at One - so it's goodbye from me -

and on BBC One we now join the BBC's news teams where you are.