The Justice Secretary, Shabana Mahmood, has asserted that human rights law shouldn’t impede the deportation of foreign criminals. In a recent address to foreign ministers at the Council of Europe in Strasbourg, she argued that current legislation frequently “protects those who break the rules,” and the government is working to clarify its application.
While reaffirming the UK’s commitment to the European Convention on Human Rights (ECHR), Mahmood emphasized the need for the treaty’s evolution to address modern challenges. This statement comes amidst internal Conservative Party debate regarding the UK’s potential withdrawal from the ECHR to regain control over its immigration policies.
Established in 1950, the ECHR outlines fundamental rights and freedoms for citizens of its 46 signatory nations, forming a cornerstone of UK human rights law. It’s overseen by the Council of Europe, an organization distinct from the European Union, encompassing members such as the UK, Turkey, and Ukraine.
Mahmood welcomed discussions on the ECHR’s future, stating that the convention “was never meant to be frozen in time,” and requires adaptation to “new threats, new rights, and new realities.” The UK, she confirmed, is actively reviewing the convention’s domestic implementation.
The government plans to introduce legislation clarifying Article 8 (right to family life) within the context of immigration laws, ensuring parliamentary oversight of border control. Mahmood cited instances where foreign criminals used Article 8 to avoid deportation, characterizing this as contradictory to common sense. She also highlighted cases of dangerous prisoners leveraging the same article to resist disciplinary measures.
Mahmood acknowledged a perception—whether accurate or not—that human rights are increasingly used by criminals to evade accountability. The Conservative party has advocated for the complete removal of human rights law from immigration cases and the unconditional deportation of all foreign criminals. Party leader Kemi Badenoch has suggested the UK’s eventual withdrawal from the ECHR might be necessary, viewing it as a tool undermining democratic decisions and hindering the removal of illegal immigrants and criminals. She recently launched a commission to examine the ramifications of leaving the treaty, a contentious issue within the party.
Other Council of Europe members have also called for ECHR reform to simplify the deportation of foreign criminals. A May letter signed by nine nations, led by Italy and Denmark, highlighted instances where the convention had “resulted in the protection of the wrong people.” Council of Europe head Alain Berset recently acknowledged the need for the convention to adapt to current global realities. Sign up for our Politics Essential newsletter for daily updates.
Further points regarding the Justice Secretary’s statements on prison reform have been omitted due to length restrictions.