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The suspension of parliament is ruled unlawful by scotlands highest civil court. There are calls for mps to be recalled to westminster immediately. Caught every moment that parliament remains preferred, the British Government are breaking the law so we as politicians are calling for parliament to be recalled so that we can get on scrutinising what this government is up to in relation to brexit. The judges ruled that the Prime Ministers decision to suspend parliament had been motivated by what they called the improper purpose of stymying it. The judgement goes to the Uk Supreme Court next week. Well have the latest from westminster and brussels. Also this lunchtime labours deputy leader tom watson calls for the party to prioritise another Eu Referendum over a general election, contradicting Jeremy Corbyn. Changes to immigration rules will allow overseas students to remain in the uk for much longer after they graduate. And, how safe are Driverless Cars . The Insurance Industry calls for greater regulation. Coming up in the sport later in the hour on bbc news, the fa announce a womens weekend of Super League Fixtures in november, including a north london derby at the Tottenham Hotspur stadium. Good afternoon and welcome to the bbc news at one. Scotlands highest civil court has ruled that borisjohnsons decision to suspend parliament for five weeks was unlawful. Judges at the court of session in edinburgh overturned an earlier ruling, saying they were unanimous in their belief that the Prime Minister had been motivated by the improper purpose of stymieing parliament. The case now goes to the Uk Supreme Court next week but labour has called for parliament to be recalled immediately to discuss the situation. The government said its disappointed by the ruling, and that the prorogation of parliament had been legal and necessary. Our scotland correspondent lorna gordon reports. Applause parliament has been suspended for less tha n parliament has been suspended for less than two days. The decision to shut it down proved controversial. Now it has been ruled unlawful, with all threejudges in a court in edinburgh ruling that the suspension of parliament was motivated by what they call the improper purpose of stymieing parliament. This opinion ex presses stymieing parliament. This opinion expresses the view that the advice given by the government to her majesty the queen to pirogue parliament from ninth september to 14th october was unlawful and that therefore the prorogation itself was unlawful. The case was brought by more than 70 parliamentarians who had argued that suspending parliament was an attack on democracy and an abuse of power. They are now calling for parliament to be recalled. This is a unanimous decision by scotlands highest court that the prorogation of parliament by borisjohnson was unlawful and as tommy sheppard, one of my co petitioners has pointed out, for now every moment that parliament remains macro to the British Government are breaking the law, so we as politicians are calling for parliament to be recalled, so that we can get on scrutinising what this government is up to in relation to brexit. That call, to allow mps back into parliament to sit, echoed by scotlands first minister, who said that the Prime Ministers behaviour had been outrageous and reckless. That means in my view parliament should be recalled immediately. And i would call on the Prime Minister to do the right thing, Bring Parliament back from its unlawful prorogation and allow that important work of scrutiny to continue. Labour welcomed the judgment. Normally, judges do not go into this space which is about the motivation of politicians for their decisions that they make so i can only assume that they make so i can only assume that the judges felt the evidence against borisjohnson was the judges felt the evidence against Boris Johnson was overwhelming and therefore they found that he acted u nlawfully therefore they found that he acted unlawfully in shutting down parliament. The judges did not hold back, and a summary of the judgment, lord brodie said that the prorogation was up egregious case of a clear failure to comply with generally accepted standards of behaviour of public authorities. Lord Drummond Young said the government had failed to show a valid reason for the prorogation and the only inference that could be drawn, he said, was that the uk government and the Prime Minister wished to restrict parliament. government and the Prime Minister wished to restrict parliament. If it we re wished to restrict parliament. If it were to be the case that the government had misled the queen about the reasons for suspending parliament and the motives for it, that would be a very serious matter indeed. In my view, it would then be the moment for mrjohnson to resign, and very swiftly. The government has said it is disappointed and will appeal. So while, for now, parliament sits empty, the focus remains on the courts, with that appeal at the Supreme Court due to start next tuesday. Lorna gordon, bbc news, at the court of session in edinburgh. Our Legal Correspondent Clive Coleman is here. What does this mean, fundamentally . What does this mean, fundamentally . What it means is that the suspension of parliament, the prorogation of parliament was unlawful and because it was obtained by way of an unlawful purpose, and improper purpose, the court in scotland called it, so the advice given by borisjohnson to the queen, which is at the center of now three legal challenges, that that, in the scottish court, which is a higher court than the court that heard it here in london, in england and wales, and this is an appeal court, that ruling remains. What is interesting is that the government did not seek to suspend that ruling, pending the appeal to the Supreme Court, so parliament is effectively prorogued. How it could reconstitute itself is an interesting question and we are in uncharted waters. The Speakers Office said it was a matter for the government. But parliament, effectively, is now not pirogue. We have had some of the reasoned judgments for the gina miller ruling, she lost a challenge last week and the court in london has said that essentially, this is a political matter, and one into which the court should not poke their noses, so the court should not poke their noses, so contradictory judgments, they are all going to the Uk Supreme Court and we will get an overall and definitive ruling, and that hearing sta rts definitive ruling, and that hearing starts on tuesday. Norman smith is at westminster for us. Where does this leave borisjohnson . The response of team johnson this morning has been to stay calm down, calm down, we are not recalling parliament now. Lets just wait and see what the Supreme Court decides on tuesday. Any way you look at it this is bad for borisjohnson but has the potential to become a full blown bombshell moment for him. It is bad because he has beenjudged to have behaved unlawfully, more than that the scottish judges clearly believe that he misled parliament, but if the Supreme Court upholds their view, then mrjohnson, it seems, will have no option but to recall parliament. A political affiliation for him. On top of which, mps will almost certainly vote to scrap the parliamentary recess, to cancel the party conferences, and then to sit through september, right up to october the sist september, right up to october the 31st brexit deadline, and you look at the blues parliament has inflicted on Boris Johnson at the blues parliament has inflicted on borisjohnson injust five or six days, think what they would do in five or six weeks, and on top of that, there are indications that if mrjohnson refuses to release government papers on prorogation then mps may move to find him in contempt of parliament and on top of all that, we have heard some mps believe that he should resign. If he is missed if he isjudged to have misled the queen. The bottom line, to put it mildly is that an awful lot is now hanging on what mlud decides on tuesday. Labours deputy leader, tom watson, has said the partys priority must be a new referendum on brexit, rather than a general election and said labour must campaign unequivocally to remain. In a speech, he warned that a snap poll may not break the current deadlock at westminster. His comments are in contrast to those made yesterday by the Leaderjeremy Corbyn who said labour would offer a fresh referendum after the next election, with a leave option on the ballot paper. Heres our Political Correspondent ben wright. This is labours official brexit spokesman trying to keep a divided party speaking with one voice going in the same direction. Sir keir starmer told the tuc conference the only way forward was another referendum after the next election. Remain should and will be on the ballot paper, along with a credible option to leave. We need to ask people a basic question. After three yea rs of people a basic question. After three years of failure by this government, do you want to leave on the terms on offer, or would you rather remain . Sir keir starmer says labour should then campaign to remain in the eu butJeremy Corbyn hasnt been so clear. Contrast that with the stance of the labour deputy leader tom watson, who prefers a referendum before any general election and once labours commitment to the polls to be clear. We should and unambiguously and unequivocally back remain. We should back remain not for electoral or tactical reasons, but because it is the right thing to do for the country at this time of greatest crisis, since the second world war. A political crisis that has putJeremy Corbyns party in a bind, pull between the many labour held constituencies that voted to leave the european union, and the majority of Labour Party Members who wa nt to majority of Labour Party Members who want to remain in. Theres also a group of labourmps want to remain in. Theres also a group of labour mps here, who oppose a second referendum, want to back a brexit deal in parliament and get it done. And today there was this smackdown of tom watson from one of Jeremy Corbyns big trade union allies. Now and again tom pops up from where he has been hiding and comes up from where he has been hiding and comes up with something instead of support. And i dont know why he does it. Earlier this year two parties with starkly different but very clear messages on brexit came first and second in the european elections. The lib dems now say if they formed the government they would cancel brexit and stay in the eu. While the no deal backing brexit party is targeting tory and labour voters. You go up to 5 Million People out there who voted brexit, who voted forJeremy Corbyns the labour party in 2017 who have been com pletely labour party in 2017 who have been completely betrayed by the labour party completely let down. The ma nifesto party completely let down. The manifesto pledge has been broken in every way. Soon, labour will meet for its annual conference where the visions of a brexit may flare up again. Nearly 50 days until brexit are set to happen and with a general election around the corner, there is little time to firm up its line. In a moment we will be speaking to Damian Grammaticas in brussels. First, our Political Correspondent iain watson is in brighton. The Division Within labour laid bare, here. Absolutely. If anyone was in any doubt about the uncanny ability brexit to divide the major parties, just consider this. Just 2a hours previously, here in brighton behind closed doors at the tuc, Jeremy Corbyn thought he had hammered out a compromise with the big unions that would have a huge influence in writing the labour election manifesto. That there would bea election manifesto. That there would be a referendum further down the line but in the meantime during the Election Campaign no official endorsement of leave or remain. 2a hours later the partys deputy leader basically said that position is rubbish and that labour must unequivocally campaign for remain. What is interesting is this fragile unity party had over closing ranks around opposing no deal, that has been shattered, so in two weeks time, the labour conference will be held right here but in Brighton Grassroots activists are already saying that they will be challenging the position thatJeremy Corbyn hammered out yesterday and they also wa nt hammered out yesterday and they also wantan hammered out yesterday and they also want an unequivocal commitment to remain. So as they say around these parts, unity is strength. Today it all feels a little bit weaker than it did just 2a hours ago. Our europe correspondent Damian Grammaticas is in brussels. There are british negotiators there, trying to do some work. What are you hearing about these discussions . The Prime Ministers chief negotiator david frost has arrived in brussels again. He walked into the building here about ten minutes ago. Now he is coming to this twice a week meetings. We understand that what may have been discussed is, hes talking about the future trade deal ideas the uk has. But those are for a strip down, basic trade deal, and the problem the eu has with that is that it makes for more diversions for the uk therefore more difficulty solving all those other problems like the irish backstop. We have also been hearing and the last day 01 also been hearing and the last day or so from the new irish trade commissioner, the man expected to become the trade commissioner, phil hogan. He has been talking to the irish broadcaster, rte, and says he thinks there is movement happening on both sides, based on the idea that the uk is talking about a zone in ireland covering north and south or agriculture and Food Products but that doesnt go far enough for the eu. What it wants is very much that backstop, which Boris Johnson eu. What it wants is very much that backstop, which borisjohnson and the Northern Irish unionists have said is not acceptable, so no signs of real progress. One of the key immigration controls introduced by theresa may when she was home secretary, has been scapped to allow International Students to stay in the country for longer after they graduate. The new policy will give foreign students two years to find a job in the uk rather than the current limit of four months. Tom symonds reports. Its a universities u turn. After seven yea rs, during which foreign students finishing their studies faced a relatively quick exit from the uk after four months, but not any more. It is important that they then have time in which to apply for roles, to wait for a programme to start, for example if it is a graduate programme. So i think it is a good balance now giving them two years. And obviously in the hope then that at the end of that, if they are in roles which are important to the uk economy, they will be able to apply through the appropriate work route to be able to stay on even longer and continue to contribute. But they had two years until 2012. When home secretary theresa mays obsession became cutting overall migration. With annual net migration still at 183,000, we have a way to go. We are being too generous to foreign students, she said. Boris johnsons announcement today is all about attracting foreign scientists, no mention of getting immigration down. It has pleased his recently departed universities minister, who campaigned for this change. A small improvement in the family atmosphere, perhaps. As for universities, they were delighted. We have been holding ourselves back by presenting a visa policy that is not particularly competitive with the other Major Economies that attract international graduates. So i think we have been tripping over our own feet and the announcement today really allows us to get out there and make sure those students who want an absolutely outstanding Higher Education also have the opportunity to gain a bit of Work Experience alongside that. But there is a concern that foreign students will not be spearheading scientific breakthroughs to benefit britain, but instead will be working here stacking shelves. They should be going back, many of these young students, back to the countries that have sent them here with a view to acquiring skills and education that is required in their countries, not to stay on here and do anyjob that happens to come along. But the government hopes to introduce the new policy for students starting their courses next year. Tom symonds, bbc news. A total of 86 migrants were picked up by the border force after crossing the channel in small boats yesterday. Its believed to be a record for a single day. Calm conditions at sea, and a threat by the french authorities to evict migrants from their makeshift shelters, may have caused the increase. Richard galpin has more details. This is just one of the six boats which crossed the channel from northern france near to the south east coast of england yesterday. A record 86 people from countries including afghanistan, iraq and iran making thejourney in a single day. What i saw was them just immediately getting out of the boat and running up the beach. All of them ran up the beach. It is only about 50 yards from the sea to where we are standing now. And then running across and they ran across into the fields. The border force carrying this boat away have, like the coast guard, had a busy summer and it is now extending into the autumn. Last month 336 people were stopped by the border force at sea that is more than in the whole of last year. And so far this year 1191 people have been picked up. Under pressure from london, the police here on the northern french coast have ramped up their surveillance. Using drones to scour the beaches in search of migrants hoping to reach the uk and the smuggling gangs organising the crossings. This operation partly funded by the British Government. The border force and the National Crime agency are working as best they can with our colleagues in a northern france to try and disrupt these gangs and to stop the boats, but essentially, this is a hugely difficult task, because we are talking about International Organised crime. Already today, the lifeboat and other rescue services have intercepted two boats off the kent coast. The migrants on board taken to dover. While the numbers trying to reach britain may same high they are tiny compared to those which in august alone more than 3000 arrived on lesbos, nearly ten times more than those crossing the channel. Richard galpin, bbc news. Our top story this lunchtime. The suspension of parliament has been ruled unlawful by scotlands highest civil court. There are now calls for mps to be recalled to westminster immediately. And coming up 72 year old punk icon iggy pop talks about his latest album, and not slowing down. Coming up in the sport in the next 15 minutes on bbc news. The para swimming World Championships continue in london, and maisie summers newton looks set for gold in tonights 200 metre medley. With Driverless Cars moving closer to being the future of our travel, insurers are beginning to voice their concerns. Theyre warning that theres a risk of more road accidents during the transition to Automated Vehicles. The motor Insurance Research body, thatcham research, says more regulation is needed to make journeys safer, as our technology correspondent, Rory Cellan Jones has been finding out. Imagine you fell asleep in an automated car and the system brought it to a halt in the fast lane of the motorway. The insurers are warning that this kind of accident could become common unless there are new safety regulations. The government says Driverless Cars could be on uk roads as early as 2021. But the car insurers say at first they will be quite limited in what they can do and they want new rules for how they should operate. We are in a highly Automated Vehicle where the car does most of the driving. But for this to operate safely and legally on uk roads, we are going to need new ground rules. And we are going to test that out on a test track. We will show you on this car, how to make it safe, how to keep people safe when they are automated driving. During automation, it indicates green. And you can safely do other things. Press the stalk at the end, the button on the end of the stalk. Drive active. Thats it, and you let go. What this car really needs is a Driver Monitoring system to actually watch what im up to. The car has got to be able to monitor whether you are paying attention and if you are not paying attention, the system must automatically try and wake you up. One rule would see motorists forced to watch a safety video before using an Automated System the first time. Driver monitoring would be an essential feature and at first, automated cars will only be able to operate on motorways. Automated drive not available. Please take over. But they will also need to be able to deal with situations where the motorist cannot take over the wheel. So what has happened is i disobeyed the car and didnt take over when there were roadworks and it came to a halt automatically and parked us in a lay by. But that has got to be mandated in the new autonomous systems, according to the motor industrys Insurance Research body. Vehicle manufacturers at the moment are advocating that its fine for the vehicle to stop in lane. We simply dont think that is safe. We are saying Vehicle Manufacturers mustnt leave a vehicle in the middle of the lane. If the driver doesnt respond, pull the vehicle over, out of the running traffic. Cars are getting ever smarter but the insurers worn that dangers lurk on the road to the driverless future. Rory cellan jones, bbc news. The bbc has discovered that the number of prosecutions for homophobic hate crime has fallen in the last five years in england, wales and Northern Ireland even though theres been a big increase in the number of complaints. Police chiefs say cases often dont make it to court because of a lack of witnesses and evidence. A warning that this report by our lgbt correspondent ben hunte contains offensive language. Lily is 17 and already shes a victim of homophobic hate. How often do these kind of homophobic incidents happen to you . I would say two or three times a week out in public. Wow there was a guy that walked up to me and my friends and said, what is this, the fat, ugly, homosexualsquad . Shes reported abuse to South Yorkshire police. I feel like the police arent doing as much as they can to prosecute the people. Its a hate crime, its illegal. Lilys mum is deeply concerned about whats happening to her daughter. This is the 21st century and all through my youth i have been fighting for equality, against racism, against hate crimes like this. And you dont expect your children to have to face it in this day and age. This summer rainbows filled every uk city, with many hosting their biggest ever pride events. On the surface, it seems like society is much more accepting of lgbt People Living their lives. But in reality people are contacting the police every single day about the physical and verbal abuse that they experience just because of their sexuality. Bbcs 5live investigations has found crimes recorded by police have more than doubled in five years. Attacks have rocketed from 5800 in england, wales and Northern Ireland, to more than 13,500. Five years ago 20 of these hate crimes resulted in a prosecution. Overall, this has fallen to just 8 . And in West Yorkshire crimes have risen fivefold with nearly 1000 crimes recorded last year compared to under 200 five years ago. How much is West Yorkshire police doing to support the Lgbt Community . We have a really good network of lgbtq officers who are well engaged. So we actually go out and promote and encourage people to report hate crime and hate incidents. Collecting evidence can be difficult if it is just a report of somebody that has been name calling. We need to learn all the time around how we investigate some of these reports. South Yorkshire Police say they have investigated lilys case but no suspects were identified. Lily says she wont give in to hate. Ben hunte, bbc news, sheffield. Belgian prosecutors say two people, including an agent, have been arrested as part of an investigation into suspected fraud in the transfer of football players. Police and anti corru ption officials carried out a series of raids in london, belgium and monaco. The arrests are linked to the transfer of serbian striker Aleksandar Mitrovic to newcastle united. Hmrc and the metropolitan police are helping with the investigation. At the age of 72 the punk pioneer iggy pop has told the bbc that he has done his last stage dive because hes not daft. Hes been a major influence on bands including the ramones and nirvana, and even though hes into his 8th decade, he says he has no plans to retire. But he does think his latest album is a little more reflective. Our entertainment correspondent Colin Paterson, has been speaking to him. Iggy pop, welcome throughout your career, both on record and live, youve done many a yell a scream. Any chance you could give them. . He yells. All right . She wants to be yourjames bond. The new album is free. The single from it, james bond. Yes. With a twist. Explain . Its, she wants to be yourjames bond. A third party commentator talking about a relationship shift. Save the day, baby. How big a bond fan are you . When it was sean connery, he was one of the guys i would go to when i was down in life, to see their film and buck up when a guy needs a boost, you dont need einstein trainspotting. What was your feeling the first time you saw lust for life being used in that opening sequence . The scene he chose where Ewan Mcgregor runs so convincingly through the streets really matched the song. So i was really happy at the use. I could escape this feeling, with my china girl. 1976 in berlin. You shared a flat with david bowie. Yeah. Who did the washing up . Neither party illjust say not him, not me, ok . david bowies death must have come as such a shock for you . When someone who has been good for you is gone, theres no point moaning around it personally. You begin to be able to take stock of the gifts that you were given. Did you get to say goodbye . No, we spoke in 2002 or 2003 about some ideas he had. It was a cordial conversation. Never connected those or finished those. So it had been like a dozen years. Im bored. When i was told i was interviewing you, there was a lot of talk in the office, would you be wearing a shirt . Yeah, im wearing a shirt i do wear shirts how many days a year do you think you wear a shirt . Well not a lot. Ill carry one in the back seat of the car or something in case i need to go somewhere with no shirt, no shoes, no service an emergency shirt . Yes, an emergency shirt. So id say, what, 100 days a year. We were going to try and get you to demonstrate how to stage dive. 0h i did 12 gigs this year, and i didnt stage dive. Has it gone . I work the front, you know. I get touchy feely but i havent been diving, no. I shouldnt. Have you done your last dive . Im not totally daft well, come on . That was Colin Paterson reporting. The duke of sussex closed a one billion pound deal on a city Trading Floor as he helped raise money for his Invictus Games he was taking part in a charity day commemorating the lives of the traders who died in the september 11th attacks 18 years ago today. The duke remained calm under pressure and sealed a huge trade deal, raising an estimated £50,000 for various charities. Time for a look at the weather, heres ben rich

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