Will we withdraw from the European Convention?


Increasing number of politicians wanting the UK to leave the human rights convention

October 2025

There is almost a chorus now of politicians saying we must leave the European Convention of Human Rights. The latest politician is Robert Jenrick MP (pictured) who in a speech ahead of the Conservative party conference next week, is proposing that all prospective candidates must promise to support leaving the ECHR as a condition of their candidacy. He claims ‘the party will die’ if they do not leave. He claims that the Convention has ‘stymied the removal of dozens of terrorists’. The party leader, Kemi Badenoch does not agree with this policy. However, while preparing this post Kemi Badenoch announced that her party will aim to leave.

Policy Exchange a prominent think tank claims that ‘ECHR distorts parliamentary democracy, disables good government, and departs from the ideal of the rule of law’. PX is regarded as the least transparent of the think tanks and its funding is obscure. It has pursued a programme over many years to weaken the judiciary.

The desire to leave the ECHR has come to the fore recently because of the small boats crossings which still represent a crisis for the government with record crossings. The former justice minister Lord Faulkner is quoted as saying it is ‘inhibiting government’s freedom to what is regarded by many as the emergency of illegal migration’.

Recently, Nigel Farage the leader of Reform has said we must leave ‘no ifs, not buts’.

So leaving the ECHR is essential according to these politicians if we want to solve the small boats ’emergency’. The questions are therefore will it, and what will be its effects on our rights more generally?

The debate around the European Convention is replete with exaggerations and misinformation. The chicken nugget story – widely repeated by many politicians and elements of the press is the latest. A boy could not be deported because of his aversion to chicken nuggets it was claimed. Except it never happened. There was no ruling that the foreign offender should be allowed to stay in Britain because his child could not eat these nuggets. An immigration tribunal did initially decide that it would be “unduly harsh” for the boy to be sent to Albania because of his special educational needs, but this judgment was later overturned. A more senior judge rejected the man’s appeal and made absolutely clear that an aversion to chicken nuggets should never be enough to prevent deportation.

Implications
  1. We would not just be able to leave as it would require a decision in parliament. This could take some months and the House of Lords would object to many of the details.
  2. The ECHR is not the only relevant piece of legislation: the Refugee convention also has implications for the UK.
  3. It will create problems with international relations. Since the UK was a prime mover under Sir Winston Churchill and the UK drafted a lot of the text, if we left it could lead to others deciding to do the same. We would join Belarus and Russia outside the Convention – hardly a good advertisement for the UK. It would seriously weaken the ‘voice’ the nation has on the subject of human rights.
  4. The Trade and Cooperation Agreement with the EU could be threatened.
  5. There would be immense problems with the Good Friday agreement in Northern Ireland.

The focus of the current debate has been on immigration and the boat crossings. This is a side show and a distraction. The ECHR is much more than that and involves fundamental issues concerning our rights as citizens and our relationships with state power. It is no accident that right-wing tanks like the Policy Exchange, and others based in Tufton Street, want us to leave because it inhibits the power and influence of their corporate backers. Human rights are nuisance for them and using the boat crossings is a useful cover to get us to leave. It is small wonder that they do not reveal who funds them.

Our parliament is little better. Recent legislation introduced by the Conservatives has seriously impeded the right to protest and there is little sign of the Labour government repealing those acts. Sir Keir Starmer drew a distinction between someone being deported where there was a risk of execution and sending them to a country with a different level of healthcare or prison conditions. Although he did not mention in his speech the ECHR it was clear that was what he was referring to. It was a less than full throated support.

We thus have sections of the media and political parties, the first pushing exaggerated or even made up stories about the harm the HRA does and second, an increasing number of politicians falling over themselves – in a kind of game of leapfrog – claiming they will leave or amend the ECHR. They claim or infer that by leaving the ECHR, it will enable them to solve the problem of the crossings. They dishonestly do not explain to the public the problems, risks and harms to UK’s interests with their proposed actions.

The HRA, which celebrates its 25th anniversary today, has brought immense benefits to many people in this country. Yet few politicians seem willing or brave enough sing its praises. Courting popularity, they have joined the siren voices of the secretive think tanks and oligarchs who own most of our media, in calling for its abolition (or review without ever spelling out what that means exactly).

Sources: Daily Express, Sky News, The Guardian, BBC, Euro news

25th Anniversary of HRA


Today marks the 25th Anniversary of the Human Rights Act

October 2025

Twenty five years ago this act was signed and ended the need to go to Strasbourg to get justice. It fundamentally changed the law by giving fundamental rights to citizens. It is currently under threat and it, and the European Convention which predates it, are disliked by many of the political and media class. In the next post we shall discuss this in more detail.

But today (2nd) we celebrate.

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