To have been injured. A former speaker of the House Of Lords tells the bbc that many peers contribute absolutely nothing to parliament. Good morning. Its tuesday, 21st february. Im joanna gosling. Welcome to bbc newsroom live. Hospital services in nearly two thirds of england could be cut or scaled back according to bbc analysis of local plans in different areas. Ministers argued that patients will benefit as care is brought closer to peoples homes but a major Health Think Tank has questioned the credibility of the plans. Protests outside Horton Hospital in oxfordshire just a few months ago where there are concerns about bed closures and cuts to stroke and critical care. And its not the only place. Right across england proposals for big changes are afoot in the nhs. The bbc has analysed 44 of the transformation and sustainability plans. Two thirds include either Hospital Closures or moving treatments to a different site. More than a third involve cuts to the number of hospitals providing non emergency treatments and around one third plan to reduce the number of hospitals offering emergency care. Proposed closures to Hospital Beds have been heavily criticised by the think tank the kings fund. More generally, though, it says the plans are the best hope of delivering essential reforms to the nhs, but it says it cant be done without extra funding. Ideally there ought to be an earmarked fund for new investment, to strengthen and improve the out of Hospital Services, and to shore up adult social care, which is really in crisis at the moment. If those additional funds arent forthcoming, the government needs to be honest about the consequences for patients and what the offer to the public will be. The Department Of Health says its confident the nhs plans will help patients get better care, with improvements to Mental Health and Cancer Services and more access to gps. With me is our Health Correspondent, nick triggle. We were hearing there from The King S Fund about concerns whether the transformation that is discussed is going to be delivered because of whether the funding will be there. Is it going to be there . Theres a concern. The plans are about moving ca re concern. The plans are about moving care out of hospitals and into because thats my community. The kings fund is concerned there isnt enough capacity in the community and they say more money is needed to boost Community Services. They want to create Community Hubs or they wa nt to to create Community Hubs or they want to move consultants out of hospital into community clinics. The Transformation Fund was set up this year with £1. 8 billion to help boost these Community Services, but that has been spent on covering the deficits we heard about yesterday. That was £872 million already over three quarters. So already they are chasing their tails. How will it be fixed . Nhs england maintains there is money coming in in future years to help improve investment in Community Services, but people are concerned about the scale of hospital cuts. Like you say, some offer non closures and others involve scaling back of Services LikeAccident Emergency and stroke care. They question whether it will be too much for the community to handle. These are only the draft plans to change the way the nhs works. At the moment, there is a lot of consideration given to how they should develop further and we are likely to see proper consultations ta ke likely to see proper consultations take place later this year. The details could still change. Its important to look at the theory. The funding is vital but whether the theory will deliver what has been talked about. One example is stroke ca re talked about. One example is stroke care in london where stroke care was accessible in 30 places and then it was reduced to eight Super Centres. Now it is world class so thats a good example of how limiting whats offered can deliver benefits. Does that roll out, necessarily, in areas which arent cities, rural areas . in london is a good example. It is considered to be a World Class Service now. You get quick treatment treatment. But london is different from the west of the country. The Big Challenge The Nhs faces is the rise in long term conditions like dementia and Heart Disease. People benefit more from early help in the community to keep them well rather than getting impatient Hospital Care when their condition deteriorates. So what the nhs is trying to do is make sure they give support to people close to their homes, keep people well and out of hospital. But it is difficult when money is so tight. It is a consultation at this stage. What will the potential time frame beaver changes to be delivered . They are slightly behind schedule. They were hoping to start launching Public Consultations early this year but that likely to be delayed. I suspect the earliest we will see some changes implemented will be at the very end of this year. The idea is to make the changes by 2020 and start saving the nhs money by that point. If you have any thoughts on this or concerns you send us your questions and we will put them to chris, from the kings fund, the organisation questioning the financial aspect of plans. Do let us know your thoughts. A heterosexual couple have lost their appeal for the right to enter into a Civil Partnership instead of a marriage. Rebecca steinfeld and Charles Keidan, from london, took their case to the Court Of Appeal following a defeat at the High Court Last year. They claim its unfair that only same sex couples can have a Civil Partnership. Daniel boettcher is outside the Court Of Appeal. They point out that gay couples can marry and have Civil Partnerships, whereas heterosexual couples do not have that option. Why did they lose their case . Well, let me go over the background. In 2014, they wanted to form a Civil Partnerships but were told it was impossible because, under the law that set up Civil Partnerships, it was only available to same sex couples. In 2014, same sex couples could also get married in england, scotland and wales and the couple argued that, because they are not given that choice of having a Civil Partnership, it discriminates against them. They also argue it is incompatible with their right to family and private life under the human rights convention. They first took their case to courtjust over a year ago and they lost. They then took it to appeal and the hearing was heard in november. Today, the judgment was handed down by the senior of the three judges on the bench, ladyjustice arden. We are handing down ourjudgments today in the matter of the couple versus the Secretary Of State for education. A wider background, since the introduction of Same Sex Marriage in 2014, same sex couples have had the choice of entering into Civil Partnerships or into marriage. In contrast, Civil Partnerships act 2004 currently bars opposite sex couples from entering into Civil Partnerships. Therefore, the only status open to opposite sex couples wishing to formalise their relationship is marriage. The marriage of same sex couples acts of 2013 requires a review of the operation and the future of Civil Partnership. The Court Of Appeal today dismisses the appeal of Rebecca Steyn Felt and mr keidan, refusing the Judicial Review of the Secretary Of States decision, not at this stage to propose any change to the bar of opposite sex couples entering into Civil Partnership. This decision was on one issue a majority decision. Even though they have lost this, the couple say there is enough in the ruling to give hope that they can take this further, that they can take this further, that they can take this further, that thejudges agreed that they can take this further, that the judges agreed there was a potential human rights breach but the government should have more time to decide on the future of Civil Partnerships. The couple gave their reaction to the decision outside court afterwards. Marek edge is what we do recognise as a valuable part of the institution for many people but its not right for us marriage. There are many thousands in exactly the same position. There are over 3 million long term couples in this couple and the Fastest Growing family type but they fight that financial and legal protections. This will improve the stability of family life in this country. I outlined some of the points the court considered, but what, in essence, is at the bottom of your legal action here . The base is that we are being treated u nfa i rly is that we are being treated unfairly based on our Sexual Orientation. Although we lost, it was very narrow, a Split Decision from the judges will stop on many points the judges agreed with us that we are being treated differently because of our Sexual Orientation and it impacts on our private and family life and its unsustainable, the difference in treatment so the government needs to act now and extensible partnerships to everyone so those 3 million cohabiting couples can have legal and financial protection they deserve. So, the couple now say the ball is in the government is caught. If the government does not indicate its prepared to make a change in the law then they will seek leave to ta ke the law then they will seek leave to take this to the highest court, to the supreme court, for a further appeal. Thank you, daniel. The chancellor Philip Hammond has assured conservative mps that hes listening to concerns about a Business Rate Revaluation in england and wales. The rates are being updated for the first time in seven years, and will leave more than a quarter of Companies Facing higher bills. Mr hammond is facing pressure to do more to help those affected. Our assistant political editor, norman smith is in westminster. Norman, its obviously causing concern amongst businesses and disagreement in westminster. Just summarise the views in westminster on this. There is a mounting revolt over the Business Rates revaluation, but the first signs of a potential rethink after Philip Hammond struck a very different tone to that with which we come accustomed to four ministers. They rebuffed any suggestions of a climb down, suggesting those campaigning for it up suggesting those campaigning for it up basically peddling Scare Stories about the impact on shops of the rate rise. But last night, Philip Hammond was much more molly and an suggesting he was open minded and in Listening Mode and alive to their concerns, albeit i note this morning ministers arriving for cabinet were saying absolutely nothing when pressed about a possible climb down. As the government got it wrong Business Rates . Will you let businesses close . Did you get your figures wrong on Business Rates . Do you need to explain yourself to mps . So, no answers there but what tory critics are pressing for is some sort of transitional process to ease the new rates system being introduced. Some, though, are pressing for even more radical action. One says the chancellor said forget about the whole business of the revaluation. We had this issue with domestic rates and Council Tax Andi with domestic rates and council tax and i was a Local Government Minister at the time. I decided not to do the revaluation and leave it be because we knew it would be a disaster to try to do the revaluations. It needs and lentil reform and a proper look at how Business Rates are done. We cant leave it five or seven years a fundamental reform. In the lords today, ministers will keep a close eye on day two of peers looking at the brexit built with threatened amendments. Yesterday, we had the highly unusual step of the Prime Minister going and sitting in the lords to listen to the debate, just sitting on the steps beneath the throne watching peers as the debate got underway. Downing street insisted she was not trying to intimidate peers but i think a fair number of peers but she was trying to eye ball number of peers but she was trying to eyeball them and remind them of just how significant she regards this legislation to be. They finished debating last night at around 16 minutes past midnight. Todayit around 16 minutes past midnight. Today it is likely to go even longer because there are Something Like 110 peers due to speak. Yesterdays debate was dominated by what happens to eu nationals and their rights if they are living in the uk. Also the question about whether there will be a meaningful vote on whether parliament will be able to send mrs may back to the negotiating table. Here are some of the highlights. They did want to leave the European Union but they didnt want to turn britain into a poorer, politically isolated, offshore tax haven. Brexit isolated, offshore tax haven. Brexit is the most important single issue which has faced the country for decades. For many of us, the approach being adopted by the government is little short of disastrous. I voted to remain in the European Union, but i support this bill because i believe the referendum was decisive. It looks 110w referendum was decisive. It looks now as if the United Kingdom is part ofan now as if the United Kingdom is part of an europe that in the long sweep of an europe that in the long sweep of history, it will seem like a 45 year aberration. My daughter, isolate those who devoted heart and see new to it but it was a doomed cause see new to it but it was a doomed cause my lords, i salute those. See new to it but it was a doomed cause my lords, i salute Thoselj Wonder if some of the remarks by the European Commission will be raised today because baking in the past hour or so he has issued more dark warning notices about the brexit negotiations. And finalising the trade negotiations. It could be a hefty bill as the price for quitting the eu. The headlines Hospital Services in early two thirds of england could be cut or scaled back. A heterosexual couple have lost their Court Of Appeal battle to have a Civil Partnership instead of a marriage. The chancellor says he is listening to concerns about the impact of higher bills on some retailers which ta ke higher bills on some retailers which take effect from april. Ina take effect from april. In a moment we will bring you a report on the shortage of teachers in schools in england which mps says getting worse. Sutton united are act of the fa cup. Theo walcott scored his 100th goal for gunners. They play another non league team, lincoln city, in the quarterfinals. Newcastle united are back on top in the championship. They now lead brightened by one point. Open golf prize money might be paid in golf dollars this year s busier because of fall in the value of the pound. I will be back with an update in15 pound. I will be back with an update in 15 minutes. An israeli soldier who shot dead and wounded palestinian militant has been sentenced to jail. He killed him in hebron last year. It is rare for a Military Court to rule against a soldier over Lethal Action taken in the field. Our correspondence is in tel aviv and joins us. Just remind us about this case and why it has been so polarising. Polarised because so many people serve, nearly eve ryo ne because so many people serve, nearly everyone served in the israeli fence force and nearly everyones children also. It was an accident in march 20 16th that saw the soldier come across what had been a hostile action, two palestinians approached action, two palestinians approached a checkpoint in hebron, attacked his colleagues. He himself came to the scene ten minutes later, tended to his colleagues who had