Data Protection confidentiality and human rights and taking this approach I hope and believe we have resolved the information shooting controversy at the heart of named pension the Supreme Court has finished its hearing into whether Boris Johnson's decision to suspend parliament was a lawful The judges have said they hope to publish their reeling next week summing up his case against the government's large Pernik said the suspension should be left a decision as possible the remedy we seek from the courts is a declaration that the prime minister's advice to her majesty was unlawful and we would respectfully ask the court if you do use enough faith to make such a declaration as soon as possible but the government senior advocate in Scotland Lord King said the court should not be dragged into politics the applicants and the petition those are an advice in the courts into forbidden territory and then to what is essentially a minefield. An ill defined months old at the courts and not with the greatest of respect properly equipped to do. Source at Buckingham Palace has suggested there's an element of displeasure at David Cameron's revelation that he sought the Queen's help during the vote on Scottish independence Mr Cameron said he'd hoped for the raising of an eyebrow but he's told the b.b.c. He certainly didn't do anything unconstitutional right didn't ask for anything improper at the time Alex Salmond was saying that the Queen would be a proud monarch of an independent Scotland and there was a sort of frustration that that was being put in and nothing else was and so I had to talk to some of the aides of the Queen about that afresh Minister Nicola Sturgeon has told the Scottish Parliament to Mr Cameron's admission shows the panic of the heart of Westminster over the issue that the government has sent documents to the e.u. Setting out what ministers want from Bracks that they'll be discussions tomorrow about rules concerning customs and manufactured goods and in straight says it has nothing to do with the Finnish prime minister giving Boris Johnson 12 days to set up his ideas residence on Loch Lomond are going to explore the idea of a community by its of a bt sport after a developer with to withdraw its plans to build a 30000000 pounds to just resorts reporter Cora Gillis has the details more than 55000 formal objections were previously submitted against the Flamingo Land Development on the home and site the proposals which included a hotel craft brewery leisure center and restaurants were removed earlier this week after officials for the last moment and Chaucer's National Park Authority previously recommended its board reject the bed to the team behind it I'm not real date submitting a fresh application at a later date campaigners are now asking Scottish Enterprise who would most of the land to ally locals the charts digs explore order ship 1st Minister Nicola Sturgeon today said hard government will always consider proposals around community buyouts and visitors could soon be able to walk to the top of the 4th bridge if proposals from Network Rail are approved the operator submitted a planning application to install a bridge walk visitor hub. Were details from John Dickerson this is one of the world's most famous railway bridges and it's a $5000.00 visitors a year could be making the walk to the top Network Rail wants to build a bridge walk leading to a viewing platform on the bridges South Council leaver a visitor reception hub would be created at South Queensferry there are longer term plans to build similar facilities on the Fife side of the bridge it's a UNESCO world heritage site and a planning application is no with Edinburgh City Council let's get a little sport I with John Barnes thank you good afternoon Rangers will pay tribute to their former captain Fernando Ricksen and i Books this evening with a minute's silence ahead of the opening Europa League group match with Feyenoord Rickson digest of the after a 6 year battle with Morton you don't disease at $5.00 to $6.00 Celtic in Utah police action their way to the French club ran coverage of both much his own sports and on b.b.c. Radio Scotland it will be Jimmy now but the manager Democrat says he's experiencing the worst injury crisis next time for tawdry The latest to be handed to the lengthy injury list as fans or Joe who will be sailing for the next 3 months while fellow midfielder fielder Craig Bryson has also been for a month the world record holder the Bubba one of Laura Muir's main rivals in the $1500.00 metres has pulled out of the World Championships at the end of this month with a 13 jury and on the opening day of golds p.g.a. Championship at Wentworth scored Jamieson's a leading scorer and 4 under 3 shots off the lead which is held by England's Mike Wallace another scoreboard McIntyre is 3 under par Well that's a sport. This trouble comes from Theresa Talbot Thanks John good afternoon a 9112 love it and we'll deal with that accused in both directions through the board works Aberdeenshire the b. 97 for that c. Struck into bridge of die strange that are cues both ways you know I think that a roadworks just getting this check died I didn't get a 15 minute delays waistband and fatal and that's from Leith to Golden acres playing fields. And on the Edinburgh city bypass waste buying delays at the shade of whole roundabout so traffic's buying to the a 68 and a global West Bank just little 15 times head to 18 Channing cross and settle a mix of the a 73 through Robertson is close for resurfacing works and on the Fed's calm I call tidy ferry Council for the rest of the day because of technical reasons as b.b.c. Radio Scotland travel Scotland where they are staying dry for most with spells of brightness and sunshine to end the day however close your skies in the Northern Isles could produce the odd sports of drizzle and clouds will increase again in the Western Isles later temperatures reaching 152174 most of us highs of 18 to 20 Celsius in the east we're listening to b.b.c. Radio Scotland 7 minutes past the hour and this is news Dr with Gillian marls a source of Buckingham Palace suggested there is an amount of displeasure David Cameron's revelation that he sought the Queen's help during the vote and Scottish independence Mr Cameron said he took for a reason of an eyebrow but he told the B.B.C.'s Jeremy fine he didn't do anything unconstitutional I certainly didn't ask for anything improper to happen I was trying to explain the frustrations there were when you had one side in the referendum saying we're going to have a queen of an independent Scotland and everybody's fine and dandy with that and that was a frustration so I tried to upset that in the book but I said I'm not sure said you were to but you you put her up to something and that's not how I certainly did to give you a caring 1st Minister's Questions at Holyrood Nicholas sturgeon gave her reaction. Revelations if I can call them that from David Cameron to say more about him than they do anybody else and really demonstrate I think at the panic that was in the heart of the u.k. Government in the run up to the independence referendum 5 years ago when our Westminster correspondent David Porter joins me now on David this is to say the least caused a bit of a rumpus has not I think that is a bit of estimate Julian. There is a phrase that all publishers He is good publish they not necessarily sure with the reaction that we've had whether David Cameron agreeing with that if we can start minds back 5 years about a week before the independence referendum the queen was overheard when she left the church a week before the independence referendum saying she hoped people would think very carefully about the referendum and everything that was happening at the time that quite rightly got huge publicist see it now transpires that earlier on David Cameron Not personally but through his intermediaries his private secretary speaking to the queen's private secretary had basically asked the Queen to intervene David Cameron has defended himself saying he believes there was nothing unconstitutional about what he had done politicians have been reacting but they have been choosing their words very carefully as we've just said littlest I would imagine though that there will be some in the hours ahead who may be should we say a little bit more transparent in their reaction to it I would imagine Jeremy called when he was doing a series of b.b.c. Interviews the softer noone will be making his views on this perfectly clear and what kind of reaction have we had from the palace so far that well as you mentioned in your introduction the palace have suggested that there is an amount of displeasure I think that is coded language for saying that they are angry the way that Buckingham Palace works is that it does never ever comment on discussions the queen house with politicians and it expects politicians to abide by that by not speaking about any of the conversations that they have had with the monarch the queen has been on the throne for more than 60 years now she has worked with many prime ministers she does not expect. Any conversation she might have or her intermediaries would have with politicians would be to come into the public domain and of course it is not just this case that we've got the Queen and Buckingham Palace will be watching very closely the case in the Supremes court which against her will she has been embroiled in because Boris Johnson and his ministers went to ask for the purgation of parliament and now the Supreme Court is being asked to decide whether that was for or not never wishing to 2nd guess what the palace might be thinking I don't think at the moment they will be too impressed with politicians let's put it that way well yeah and you do wonder about the implications of all this these 2 cases as you said. Very much might change the relationship between politicians and the palace might yeah I suppose so the palace much you know is always It pains not to try and get drawn into these things and quite frankly I think they will be horrified that they have been politicians tend to come and go the queen and her advice to prime ministers and the really advice she gets from them remains constant but yeah I think there may be some quiet words hand in hers over the next few days and weeks saying look we just remind you that this is as far as we see it the way that things work we do not want the queen to be involved in this and of course David Cameron has form on this he had to apologize to the prime minister after the Scottish independence referendum when he was overheard on microphone saying she purred down the line when I told her the result of the independence referendum he had to apologize then and again in the interviews that he has been giving today he has said that that from his point of view was a misjudgment a terrible misjudgment in his words I think there's nothing more the palace and the queen. I would like for this all to go away as quickly as possible David Porter I'm sure it's not going to do that with our Westminster correspondent thank you 12 minutes past 4 Well today was the 3rd and final day of the hearing at the Supreme Court to determine whether the prime minister actively lawfully in the poor a geisha a parliament and evidence today the court heard that Boris Johnson suspension of Parliament was motivated by a desire to stop M.P.'s enter fearing in Brecht's that when the government argues purgation is not a matter for the courts under to collectors in law Glasgow Caledonian University Good afternoon to you thanks for coming in well I'm sure you are fascinated by this and on the face of it it doesn't look quite dry doesn't it the whole case but then when you hear it's about whether the prime minister misled. The monarch and whether he undermined parliament is extraordinary isn't it that the evidence that we've heard over the past few days yeah certainly the most the arguments about why this is happened it's a very dramatic constitutional case when this 1st started I thought it had a snowball's chance in hell of succeeding but as we've seen over the past 3 days there actually are quite strong arguments on both sides of the government the u.k. Government has really put all of its eggs in one argumentative basket their argument is effectively it's not just the Chabal which is just a pretentious legal way of saying it's not for the courts to intervene here it doesn't really matter why Boris Johnson asked the Queen to prove parliament it doesn't matter whether it was a good reason or a bad reason that judges should push out of it that's effectively what the u.k. Government as argued across today on the past 2 days I see they're putting all their eggs in one basket because I think there's quite a good chance the court does not accept that and thinks that really it's appropriate for the Supreme Court for judges following the rule of law to say Ok fine prime ministers have the power to parole parliament but that doesn't give them carte blanche to do it for whatever reason they fancy particularly if the reasons they've done so as was argued today by John Major's intervention are improper or unconstitutional reasons if they're effectively. Trying to stay me as Lord President Carlos described the petition as we have 2 different arguments there saying firstly it is just as should all judges should not be reluctant to step in in these particular scenarios and secondly that argument has Barossa Johnson has acted in a way which is unconstitutional temporal power and therefore following very traditional judicial review lines the courts are entitled and must intervene yet Lord Keane who is a government senior advocate in Scotland argued today that the court should be dragged into this because it's an ill defined minefield yet that was his arguments his argument is there really are no legal criteria by which courts are able to judge these questions for myself I don't find that terribly convincing and judicial review which has been developing since the turn of the 2nd World War is courts have become more active in scrutinizing and holding the executive to account uses a range of different concepts such as reasonable MOUs one of the core classic formulations of judicial review is a reasonable decision which has been taken another critical area as it is basically the factors which have been taken into account by decision makers are the appropriate factors sort of the to get something and appropriate into account that's really the core of what this case is about the argument is Boris Johnson has the power to prove parliament has been long recognized he can ask the Queen to do so but in the exercise of that discretion that power Lord panic argues he has take into account relevant and proper factors he has to prove parliament for a new Queen's speech for example of 4 so you know bringing on a new session over the course of a week his argument is here in this case we don't have those factors in play and it's very notable that the u.k. Government's lawyers over the past 3 days I've made no effort no attempt to lean on not justification we heard from Boris Johnson and his ministers this is all about the Queen's speech the arguments from Lord keen on the arguments from the other you can government lawyer effectively says it's none of your business judges it's not for you to call whether this is right or wrong you have no tools to do so and there is a suggestion that if this case does go again. The government that bars junction Johnson could just sign a new for a geisha in order immediately I would not go down and then would that would presumably end up in the courts Well I think would depend I mean I suppose what the purpose would be of that probation so if we got to that stage the court would have to accept one that they can have a c. And these circumstances about procreation Personally I think they will hold by I think that's quite likely that the court will see we can legitimately judge whether a probation is lawfully undertaken simply on the basis that we do this all the time and respect of all sorts of decisions made by ministers made involving political kind of associations and secondly is it for a proper purpose so we have to ask ourselves of any 2nd provocation Well what is the prime minister trying to achieve the circumstances had changed and others in the family yes circumstances have changed here I think the strongest argument which I must admit for me got a bit lost in some of the arguments that we've heard is critically the Boris Johnson's reasons for doing this for approving Parliament were simply improper that they were an attempt to Stamey to prevent M.P.'s scrutinising Breck's it and as I see we haven't heard any better explanation from the u.k. Government they were asked to provide affidavits the provided some documentation which provided a tiny window into the thinking of the cabinet into the thinking of Boris Johnson's government for doing this but we haven't had really any good explanation through all of these long 3 days of judicial process about why 5 weeks why this length of time and I think for me that's the critical weakness of the government's case it's all of its eggs in this basket of saying well it's not for judges to decide and if and when the dust settles or when and if the defendant think it should be Andrew do you think there will be long term implications of this whole case possibly certainly we're looking at a situation with bricks that were the 1st Miller judgment which was all about the royal prerogative and we seem to be ending and reaching the conclusions maybe a break sir with another discussion of both about what the scope of ministers powers are I said was It does raise fundamental questions which often slumber through British public life. But what kind of constitution do we have it's often said I think often rather pretentiously rather pompously that the British Constitution is the envy of the world having talked to people around the world I haven't found many people who are deeply envious of this way of working but it's inevitable given the vagueness given the conventionality given the lack of clarity but were powers are distributed given the reliance on often rather record political processes to hold the Government to account the you are going to have crises moments where the government will do something which is apparently lawful on the face of it which causes great political and in this case judicial ructions So I think there is an awfully likely to be an argument in the years to come in Britain do we have to look again at the basic law of this country and instead of relying on Victorian kind of good manners and gentleman government and all of that flummery and nonsense which really covers the fact that Britain very frequently has a constitution which gives power to the executive who is able to adopt and use that power whatever way it likes and historically the courts have been reluctant to intervene whether it's on national security whether it's an exercise of the royal prerogative to chop she got Sea Islanders out of their country in the name of the colonial rule of Britain abroad all of that is don't to the Constitution of this country and I think there will be people in the wake of this who are beginning to think much more seriously about whether the Basic Law Britain needs brought up to do under to cow thank you very much from Glasgow University. News drive on b.b.c. Radio Scotland as the main story is that 20 past 4 as we've been hearing the Supreme Court has finished its hearing into whether Boris Johnson's decision to suspend parliament was lawful The judges have said they hope to publish the ruling next week also this afternoon the Scottish government has scrapped its controversial plan to appoint a name person to safeguard the welfare of every child in the country