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Nigel Farage has said he would take the UK out of the European Convention on Human Rights (ECHR) if Reform win the next election.

The party’s leader also reaffirmed his pledge to repeal the Human Rights Act and disapply three other international treaties acting as “roadblocks” to deporting anyone entering the UK illegally.

In a speech about tackling illegal migration, he said a Reform government would detain and deport any migrants arriving illegally, including women and children, and they would “never, ever be allowed to stay”.

Sky News looks at what the ECHR is, how the UK could leave, and what could happen to human rights protections if it does.

What is the ECHR?

On 4 November 1950, the 12 member states of the newly formed Council of Europe (different to the EU) signed the Convention for the Protection of Human Rights and Fundamental Freedoms – otherwise known as the ECHR.

It came into force on 3 September 1953 and has since been signed by an additional 34 Council of Europe members who have joined, bringing the total to 46 signatories.

The treaty was drafted in the aftermath of the Second World War and the Holocaust to protect people from the most serious human rights violations. It was also in response to the growth of Stalinism in central and Eastern Europe to protect members from communist subversion.

The treaty was the first time fundamental human rights were guaranteed in law.

Sir Winston Churchill helped establish the Council of Europe and was a driving force behind the ECHR, which came from the Charter of Human Rights that he championed and was drafted by British lawyers.

Sir Winston Churchill was a driving force behind the ECHR
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Sir Winston Churchill was a driving force behind the ECHR

To be a signatory of the ECHR, a state has to be a member of the Council of Europe – and they must “respect pluralist democracy, the rule of law and human rights”.

There are 18 sections, including the most well-known: Article 1 (the right to life), Article 3 (prohibition of torture), Article 6 (right to a fair trial), Article 8 (right to private and family life) and Article 10 (right to freedom of expression).

The ECHR has been used to halt the deportation of migrants in 13 out of 29 UK cases since 1980.

ECHR protections are enforced in the UK through the Human Rights Act 1998, which incorporates most ECHR rights into domestic law. This means individuals can bring cases to UK courts to argue their ECHR rights have been violated, instead of having to take their case to the European Court of Human Rights.

Article 8 is the main section that has been used to stop illegal migrant deportations, but Article 3 has also been successfully used.

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The ECHR is interpreted by judges at this court in Strasbourg, France. File pic: AP
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The ECHR is interpreted by judges at this court in Strasbourg, France. File pic: AP

How is it actually used?

The ECHR is interpreted by the European Court of Human Rights (ECtHR) – you’ll have to bear with us on the confusingly similar acronyms.

The convention is interpreted under the “living instrument doctrine”, meaning it must be considered in the light of present-day conditions.

The number of full-time judges corresponds to the number of ECHR signatories, so there are currently 46 – each nominated by their state for a non-renewable nine-year term. But they are prohibited from having any institutional ties with the state they come from.

An individual, group of individuals, or one or more of the signatory states can lodge an application alleging one of the signatory states has breached their human rights. Anyone who have exhausted their human rights case in UK courts can apply to the ECtHR to have their case heard in Strasbourg.

All ECtHR hearings must be heard in public, unless there are exceptional circumstances to be heard in private, which happens most of the time following written pleadings.

The court may award damages, typically no more than £1,000 plus legal costs, but it lacks enforcement powers, so some states have ignored verdicts and continued practices judged to be human rights violations.

Read more: Asylum seekers in charts and numbers

Inside the European Court of Human Rights. File pic: AP
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Inside the European Court of Human Rights. File pic: AP

How could the UK leave?

A country can leave the convention by formally denouncing it, but it would likely have to also leave the Council of Europe as the two are dependent on each other.

At the international level, a state must formally notify the Council of Europe of its intention to withdraw with six months’ notice, when the UK would still have to implement any ECtHR rulings and abide by ECHR laws.

The UK government would have to seek parliament’s approval before notifying the ECtHR, and would have to repeal the Human Rights Act 1998 – which would also require parliamentary approval.

Would the UK leaving breach any other agreements?

Leaving the ECHR would breach the 1998 Good Friday Agreement, a deal between the British and Irish governments on how Northern Ireland should be governed, which could threaten the peace settlement.

It would also put the UK’s relationship with the EU under pressure as the Brexit deal commits both to the ECHR.

The EU has said if the UK leaves the ECHR it would terminate part of the agreement, halting the extradition of criminal suspects from the EU to face trial in the UK.

Keir Starmer has previously ruled out taking Britain out of the ECHR
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Keir Starmer has previously ruled out taking Britain out of the ECHR

How would the UK’s human rights protections change?

Certain rights under the ECHR are also recognised in British common law, but the ECHR has a more extensive protection of human rights.

For example, it was the ECHR that offered redress to victims of the Hillsborough disaster and the victims of “black cab rapist” John Worboys after state investigations failed.

Before cases were taken to the ECtHR and the Human Rights Act came into force, the common law did not prevent teachers from hitting children or protect gay people from being banned from serving in the armed forces.

Repealing the ECHR would also mean people in the UK would no longer be able to take their case to the ECtHR if the UK courts do not remedy a violation of their rights.

The UK’s human rights record would then not be subject to the same scrutiny as it is under the ECHR, where states review each other’s actions.

Two victims of John Worboys sued the Met Police for failing to effectively investigate his crimes using Article 3 of the ECHR. Pic: PA
Image:
Two victims of John Worboys sued the Met Police for failing to effectively investigate his crimes using Article 3 of the ECHR. Pic: PA

How human rights in the UK would be impacted depends partly on what would replace the Human Rights Act.

Mr Farage has said he would introduce a British Bill of Rights, which would apply only to UK citizens and lawful British citizens.

He has said it would not mention “human rights” but would include “the freedom to do everything, unless there’s a law that says you can’t” – which is how common law works.

Legal commentator Joshua Rozenberg said this would simply confirm the rights to which people are already entitled, but would also remove rights enjoyed by people visiting the UK.

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Reform’s immigration policy is ‘racist’, says Sir Keir Starmer

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Reform's immigration policy is 'racist', says Sir Keir Starmer

Reform’s immigration policy is “racist”, Sir Keir Starmer has said.

He was reacting after Nigel Farage‘s party said it would axe the right of migrants to apply for indefinite leave to remain (ILR), ban anyone who is not a UK citizen from claiming benefits, and force those applying for UK citizenship to renounce other citizenship.

This policy could impact hundreds of thousands of people, although Reform has exempted EU citizens with settled status from its plans to ban migrant access to benefits and its policies on ILR.

Indefinite leave to remain is the status which grants legal migrants the ability to settle in the UK without the need to renew a visa every few years.

Labour conference in Liverpool – follow live updates

Speaking to the BBC, the prime minister and Labour leader said: “Well, I do think that it is a racist policy. I do think it is immoral. It needs to be called out for what it is.”

But he did not condemn those supporting Reform UK.

More on Nigel Farage

Sir Keir added: “No, I think there are plenty of people who either vote Reform or are thinking of voting Reform who are frustrated.

“They had 14 years of failure under the Conservatives, they want us to change things.

“They may have voted Labour a year ago, and they want the change to come more quickly. I actually do understand that.”

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Can Reform scrap common migration path?

He had said previously: “It is one thing to say we’re going to remove illegal migrants, people who have no right to be here. I’m up for that.

“It is a completely different thing to say we are going to reach in to people who are lawfully here and start removing them. They are our neighbours.

“They’re people who work in our economy. They are part of who we are. It will rip this country apart.”

Labour has proposed its own changes to indefinite leave to remain, although it does not appear to be retrospective like Reform’s.

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PM mounts fightback against Reform

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‘I’m proud of the job Starmer’s doing’

Responding to the prime minister on social media, Reform’s head of policy Zia Yusuf said “Labour’s new message to the British electorate just dropped:

“‘Pay hundreds of billions for foreign nationals to live off the state forever, or we’ll call you racist!'”

Polling released at the start of the Labour conference by Survation shows that 65% of party members think Labour is going in the wrong direction, 64% think Sir Keir has done badly since taking office and 53% think the party should change leader before the next general election.

A poll suggests over half of Labour members want Sir Keir to exit before the next election. Pic: Reuters
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A poll suggests over half of Labour members want Sir Keir to exit before the next election. Pic: Reuters

Speaking to Sunday Morning with Trevor Phillips on Sky News, Housing Secretary Steve Reed defended his government’s record.

He claimed wages went up faster in 10 months under Labour compared to 10 years under the Conservatives.

But he claimed it “takes time” for improvements to really be felt by the public, “so we have to stay on course and not divert on the basis of one poll or another”.

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Mr Reed said that the “revolving door” of Tory leaders was one of the reasons for Labour’s tricky inheritance – and he was “absolutely” sure Sir Keir should lead the party into the next general election.

The minister went on to brand Mr Farage a “plastic” patriot after the Reform UK leader “begged” the US Congress to put sanctions on British workers.

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More than half of Labour members do not want Starmer to lead party into next general election – poll

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More than half of Labour members do not want Starmer to lead party into next general election - poll

More than half of Labour members do not want Sir Keir Starmer to fight the next general election as party leader, a new poll has revealed.

The Survation survey for LabourList, shared with Sky News’ Sunday Morning with Trevor Phillips, showed 53% of the party membership want a new leader by the time of the next election, while only 31% want Sir Keir to remain in post until then.

The findings lay bare the scale of the challenge facing the prime minister as he heads to Liverpool for the Labour Party conference.

He arrives at the gathering just days after a separate poll showed Reform leader Nigel Farage had a clear path to Number 10, and after Greater Manchester mayor Andy Burnham appeared to set out his own bid for the Labour leadership in a series of interviews in which he claimed Labour MPs had privately urged him to return to Westminster.

In a direct criticism of Sir Keir, Mr Burnham – who previously ran for the Labour leadership in 2010 and 2015 – said Number 10 had created a “climate of fear” among MPs and created “alienation and demoralisation” within the party.

And in an apparent rebuke of the government’s policies and priorities so far, Mr Burnham set out an alternative vision to “turn the country around”, including higher council tax on expensive homes in London and the South East and for greater public control of energy, water and rail.

It follows a turbulent few weeks in which the prime minister has lost several close appointments: Angela Rayner as deputy prime minister, Peter Mandelson as US ambassador, Paul Ovenden as his director of political strategy and most recently Steph Driver, his director of communications.

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The LabourList poll, which surveyed 1,254 Labour members between 23 and 25 September, also showed Labour members were unhappy with the general direction of the government, with 65% saying Sir Keir was heading in the wrong direction, compared with 26% who said he was getting it right.

More than 60% said he had governed badly, compared with 35% who had said he had done a good job.

The results will add to further grim reading for Labour after a mega poll conducted by YouGov for Sky News showed that Mr Farage is on course to be the next prime minister.

The YouGov MRP polling projection, based on a 13,000 sample taken over the last three weeks, suggested an election held tomorrow would see a hung parliament with Reform UK winning 311 of the 650 seats – 15 seats short of the formal winning line of 326.

The projection of Commons seats in Great Britain puts Reform UK on 311 seats, Labour on 144 seats, Liberal Democrats on 78 seats, Conservatives on 45 seats, SNP on 37 seats and Greens on seven seats, with Plaid on six seats and three seats won by left-wing challengers.

Northern Ireland constituencies are excluded.

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YouGov: Farage set to be next PM

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The result would see Labour lose around two-thirds of their existing seats, down from the 411 they won in last year’s general election.

It would also represent the worst result for the party since 1931 and would mark a further decline on the party’s performance under Jeremy Corbyn in 2019, when the party won 202 seats.

Meanwhile, Sir Keir’s approval rating has hit a historic low. Just 13% of the public approves of the job he is doing as PM, according to a new Ipsos poll, while 79% is dissatisfied – giving him a net approval rating of -66.

That is worse than the previous record the pollster has recorded of -59, held by both Rishi Sunak in April 2024, and Sir John Major in August 1994.

Greater Manchester mayor Andy Burnham. Pic : PA
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Greater Manchester mayor Andy Burnham. Pic : PA

The Labour Party doesn’t fare much better, with just 22% of the public saying they would vote for it if a general election were held today, while 34% would vote for Reform UK.

But Sir Keir has insisted that he can “pull things around”, telling The Sunday Times: “It is the fight of our times and we’ve all got to be in it together. We don’t have time for introspection, we don’t have time for navel-gazing.

“You’ll always get a bit of that at a Labour Party conference, but that is not going to solve the problems that face this country.

“Once you appreciate the change – in the sense of the division that Reform would bring to our country and the shattering of what we are as a patriotic country – then you realise this is a fight which in the end is bigger than the Labour Party.”

Sir Keir has previously warned that the next election will be an “open fight” between Labour and Reform UK.

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Unite boss Sharon Graham threatens to break link with Labour on eve of conference

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Unite boss Sharon Graham threatens to break link with Labour on eve of conference

The boss of Unite, Labour’s biggest union funder, has threatened to break its link with the party unless it changes direction.

Sharon Graham, general secretary of the union, told Sky News that, on the eve of a crucial party conference for the prime minister, Unite‘s support for Labour was hanging in the balance.

She told Sunday Morning With Trevor Phillips: “My members, whether it’s public sector workers all the way through to defence, are asking, ‘What is happening here?’

Sharon Graham has been a long-time critic of Sir Keir Starmer. Pic: PA
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Sharon Graham has been a long-time critic of Sir Keir Starmer. Pic: PA

“Now when that question cannot be answered, when we’re effectively saying, ‘Look, actually we cannot answer why we’re still affiliated’, then absolutely I think our members will choose to disaffiliate and that time is getting close.”

Asked when that decision might be made, she cited the budget, on 26 November, as “an absolutely critical point of us knowing whether direction is going to change”.

More on Labour

Ms Graham, who became leader in 2021, has been a long-time critic of Sir Keir Starmer‘s agenda, accusing him of lacking vision.

The union has campaigned against his decision to cut winter fuel allowance for pensioners – which was later reversed – and has called for more taxes on the wealthy.

But the firm threat to disaffiliate, and a timetable, highlights the acute trouble Sir Keir faces on multiple fronts, after a rocky few months which have seen his popularity plummet in the polls and his administration hit by resignations and scandals.

There is now open discussion about his leadership, with Andy Burnham, the mayor of Greater Manchester, claiming he’s been urged by MPs to mount a challenge.

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Burnham: Labour leadership ‘not up to me’

Unite has more than a million members, the second-largest union affiliated to Labour. It donates £1.5m a year from its membership fees to the party.

The union did not make an additional donation to Labour at the last election – as it has done previously – but was the biggest donor to its individual MPs and candidates. It has donated millions to the party in the past.

Any decision to disaffiliate would need to be made at a Unite rules conference; of which the next is scheduled for 2027, but there is the option to convene emergency conferences earlier.

Just 15 months into Sir Keir’s premiership, in which he has promised to champion workers’ rights, Ms Graham’s comments are likely to anger the Labour leadership.

Sir Keir Starmer has seen his popularity plummet in the polls in recent months. Pic: AP
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Sir Keir Starmer has seen his popularity plummet in the polls in recent months. Pic: AP

Read more: Now is moment of ‘maximum danger’ for Starmer, Harriet Harman warns

Unite, earlier this year, voted to suspend former deputy prime minister Angela Rayner of her union membership because of the government’s handling of a long-running bin strike in Birmingham.

Ms Graham has described the left-wing party being launched by Jeremy Corbyn as a “sideshow” and has brushed off speculation of a leadership challenge by Mr Burnham.

This summer, she said if Unite dropped support from Labour it would “focus on building a strong, independent workers’ union that was the true, authentic voice for workers”.

The annual Labour Party conference kicks off in Liverpool from Sunday.

As a union affiliated with Labour, Unite has seats on the party’s ruling national executive committee and can send delegates to its annual conference.

Watch the full interview with Sharon Graham on Sunday Morning With Trevor Phillips from 8.30am on Sky News

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