Keir Starmer’s law chief has ruled out leaving the European Convention of Human Rights (ECHR), despite warnings from Labour colleagues that it is protecting criminals and undermining the fight against illegal immigration. Attorney General Lord Hermer insisted nothing is “off the table” in efforts to stop small boats – but added that the Prime Minister has been “absolutely crystal clear” that the UK will not be leaving the ECHR.
Conservatives said the comment showed Labour was not serious about ending illegal immigration. Tory Shadow Justice Secretary Robert Jenrick said: “Lord Hermer is spouting a load of nonsense. The EU returns tens of thousands of migrants to non-ECHR countries every year. That’s what normal counties do. The argument to stay in the broken ECHR is collapsing.”
Several deportation attempts have been halted by how Article 8 of the ECHR, the right to private and family life, has been interpreted in UK law.
It has prompted a Government review of the human rights law in relation to immigration cases.
Lord Hermer said there should be “no tension” between taking “tough and necessary measures” dealing with immigration, asylum and small boat crossings, and emphasising the country has an “extraordinarily diverse multicultural society”.
He added: “I think it behoves us all in our language to be very clear about that, because we have seen in recent weeks some of the dangers when we are not… of our minority communities feeling fear and under threat.
“That’s not this country. This country is one that embraces our extraordinary success story of diversity and multiculturalism, and it behoves us all to make plain we’re going to be robust to deal with the problem, but we’re doing it in a British way.”
Home Secretary Shabana Mahmood has warned that the ECHR is damaging public confidence in the rule of law. Speaking in June, in her previous role as Justice Secretary, she said: “The successes of our Convention cannot be taken for granted. Because when rules are broken with impunity, trust collapses – not just in states, but in the idea of democracy itself.
“And across Europe, public confidence in the rule of law is fraying. There is a growing perception – sometimes mistaken, sometimes grounded in reality – that human rights are no longer a shield for the vulnerable, but a tool for criminals to avoid responsibility.
“That the law too often protects those who break the rules, rather than those who follow them.”
She said: “If a foreign national commits a serious crime, they should expect to be removed from the country. But we see cases where individuals invoke the right to family life – even after neglecting or harming those very family ties.”