European human rights laws need “tightening” as Britain seeks to control immigration, says a Cabinet minister.
But Environment Secretary Steve Reed rejecting quitting the European Convention on Human Rights, arguing that such a move would be taking “a sledgehammer to crack this particular nut”.
His comments came as the head of the Council of Europe, whose role includes promoting human rights, argued that the ECHR, drawn up in the 1950s after the Second World War, needed to be “adapted” for the modern world.
Alain Berset, a former president of Switzerland, advocated that the binding legal text for 46 countries including the UK, which is frequently invoked in asylum cases, should be re-examined.
“We are witnessing a world where things are changing rapidly,” he told The Times.
“It is accelerating. We see this, and it means that it is normal that we must also adapt to this. We need adaptation. We need discussion about the rules that we want to have, and there is no taboo.”
He emphasised though: “I see the necessity to adapt but we must also do this respecting our core values.”
In a speech on Friday, Tory leader Kemi Badenoch was set to say that she is “increasingly of the view” that the UK should withdraw from the ECHR, as she announces plans for an investigation into leaving it.
“I have always been clear that if our national interest means that we need to leave the ECHR, we will leave,” she was due to explain.
“But I say that not because of any particular obsession with international law or with our treaty arrangements. I say that because for me, the most important thing is making our country safer, richer and fairer.”
Cabinet minister Mr Reed told Times Radio: “There needs to be some tightening of the European convention, particularly around Section 8, rights to family life.
“It’s been interpreted in ways that we don’t think are fair.
“We heard the Attorney General already talking about changes we need to make to that and we’ll be looking at legislation to secure that.”
But he argued: “We can tighten up the rules without throwing away everything. You don’t need to take a sledgehammer to crack this particular nut.”
The ECHR was a dividing issue in last year’s Conservative leadership election, with Mrs Badenoch’s rival Robert Jenrick championing the idea that Britain should pull out.
Reform UK leader Nigel Farage has also called for the UK to pull out of the human rights convention.
Mrs Badenoch has stopped short of calling for the UK to leave, but in February, she suggested that the UK would “probably” have to withdraw from the convention if it stops the country from doing “what is right”.
But a “clear plan” and “full understanding” of the consequences of leaving are needed first, Mrs Badenoch was stressing as she announced a commission into the matter led by Lord Wolfson of Tredegar, the shadow attorney general, with five “tests”.
These include whether the UK can “lawfully remove foreign criminals and illegal migrants to their home country or elsewhere - even if they have family here or claim they could be at risk if sent home”, and if the Government can stop veterans being “pursued by vexatious legal attacks”.
The Commission will also look at whether British citizens receive preference ahead of migrants for “scarce public services”, if prison sentences “actually reflect Parliament’s intentions”, and how to prevent “endless legal challenges” to planning applications.
