Shabana Mahmood has said the European Convention on Human Rights (ECHR) must be reformed to restore public confidence as Keir Starmer’s government seeks to tackle the issue head-on.
The justice secretary joined calls for an overhaul of the convention, warning that “public confidence in the rule of law is fraying” and “there is a growing perception human rights laws are a tool for criminals to avoid responsibility”.
It comes after similar comments were made by Tory party leader Kemi Badenoch, who this month warned human rights laws had gone from being a “shield” to a “sword used to attack democracies”.
Falling in line with those calling for the ECHR to be overhauled, but stopping short of calling for the UK to pull out, Mahmood told European ambassadors: “The European Convention on Human Rights is one of the great achievements of post-war politics. It has endured because it has evolved.
“Now, it must do so again.”
So will Starmer be able to quell the grumblings of the Conservatives and Reform UK – or does he risk falling into the same trap as David Cameron, failing to deliver and emboldening his Eurosceptic critics?
The debate over Britain’s role in the ECHR has been given a renewed burst of life by the rise of Nigel Farage, Badenoch all-but pledging the Tories would pull the UK out, but most importantly, the head of the Council of Europe saying there should be “no taboo” on rewriting its rules.
Critics of the convention argue that, without a fundamental overhaul, it will be impossible for the UK to deport foreign criminals en masse and remove those who arrive in Britain illegally, such as via the English Channel in small boats.
Many go further, saying that reform of the agreement would be impossible given its 46 signatories, and that the UK must pull out altogether.
Starmer and Mahmood are pursuing the softer option, attempting to take a leadership role in the drive to update the binding legal text.
The move could prove a masterstroke for Labour, run by a man derided by so many as a liberal left-wing lawyer who does not understand the concerns of those impacted by soaring migration and the small boats crisis.
In taking the issue by the horns, Starmer can defy his doubters on the right and take on his left-wing critics, painting himself as somebody prepared to do what is right for the country without fear or favour.
But the road to reform is fraught with risk, and could even see Starmer suffer the same fate as his predecessor Cameron – who paved the way for Brexit before quitting in shame at the result.
The then prime minister sought to quell frustration about the UK’s membership of the EU by promising reforms of his own. He was battling rebels in his own Conservative Party and a challenge from Ukip on the right, and emerged from marathon talks in Brussels in 2016 having secured “special status” for the UK in the bloc.
But despite his efforts, the tweaks were not enough – with Britain voting to leave the EU just four months later.
In the same way, by promising reform of the ECHR Starmer risks two things.
The first is giving ground to right-wing critics of the convention, both raising its salience with the general public and legitimising their concerns.
The second is overpromising and underdelivering, with just four years to force changes the public will experience before heading back to the polls for a general election.
If the prime minister promises a programme of reforms that will help him stop the small boats crisis in the Channel and remove more foreign offenders, he will need to deliver.
With a slew of recent headlines about deportations being blocked on sometimes ridiculous-sounding grounds, it is clear something needs to be done.
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