Connect with us

Published

on

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
Image:
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.

Read more:
Why Farage’s small boats plan is not actually about policy
Legal expert explains if Farage deportation plan would work

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

Continue Reading

Politics

A ‘revenge’ reshuffle, the next budget and asylum – 30 things to watch for this upcoming political season

Published

on

By

A 'revenge' reshuffle, the next budget and asylum - 30 things to watch for this upcoming political season

We’re back. From Monday, MPs will stream under the portcullis back into the Commons chamber. But this is far from a straightforward autumn, with dangers for all the leaders lurking everywhere.

On the Politics at Sam and Anne’s podcast, released each morning at 7.45am, Anne McElvoy and I give the first guide of the day to what’s coming up.

To get you back in the mood, listen to our back-to-school episode and our “summer box set” deep dives on key issues, and listen daily from Monday.

👉Listen to Politics at Sam and Anne’s on your podcast app👈

Here are 30, no less, things to look out for the autumn, explaining why you can’t tune out from what promises to be a very exciting term.

1. Despite firm Downing Street denials before the summer that this would happen now, there’s highly likely to be a ministerial reset next week.

2. Although the cabinet is likely to be safe, and people like Bridget Phillipson were given personal guarantees from Sir Keir Starmer that they are going nowhere, some in Number 10 have been pushing that the whips should be included in the reshuffle after the welfare vote catastrophe before the summer.

More from Politics

3. Find out the very latest when we return properly on Monday, Politics at Sam and Anne’s – back daily, in your feeds from 7.30am.

4. And it’s going to be a good one, since everyone expects it to be a “revenge” reshuffle – among the targets are thought to be some ministers actively believed to have been helping the welfare revolt, and loyalists want to see them sacked.

“Loyalists called Josh” will be promoted, said one aide, waspishly.

5. Having redeployed the Number 10 principal private secretary, the official who helps filter advice to Sir Keir, this critical role is now expected to be filled by Dan York Smith, a longtime Treasury aide.

This matters because for many years, this Treasury official was in charge of the budget process and subsequently worked on tax policy. So, Number 10 cannot pretend it doesn’t have the expertise in the run-up to the budget.

6. Indeed, the date of the budget might come next week. The Office for Budget Responsibility (OBR) needs at least 10 weeks’ notice.

By my calculations, that would seem to take us to the second week of November, just past half term. Here’s hoping there’s no clash.

7. You can hear more about Chancellor Rachel Reeves’ challenges in the budget in an economics and Treasury special of the Politics at Sam and Anne’s podcast featuring Ed Conway, part of our summer deep dive into key issues facing the government.

8. The OBR’s twice-yearly assessments have turned into hideous trials for Reeves, since she repeatedly decided to borrow so close to tight self-imposed limits.

Reeves could decide this autumn to move from two to one OBR assessments a year – if you don’t ask the question, you can’t get a bad answer.

9. At the start of the summer, economists were suggesting the OBR would say at the November budget that there is a £20-30bn black hole to meet her fiscal rules. Over the summer, that seems to have extended to £40-50bn. Thankfully for ministers, nobody knows – yet.

10. The Treasury has adopted a position of refusing to shut down any idea being floated to raise money in the budget. Therefore, EVERY idea is being treated with equal prominence and horror.

Whether or not people – eg house movers – start adjusting behaviour because of the speculation.

11. First quote to bookmark, Rachel Reeves in response to suggestions that the answer is a wealth tax on 1 August: “In the budget last year, we got rid of the non-domicile status in our tax system, so people who make Britain their home have to pay their taxes here.

“We increased taxes on private jets, on second homes, and increased capital gains tax (CGT), so I think we’ve got the balance right in terms of how we tax those with the broadest shoulders.”

12. Second quote to bookmark: After the Tories suggested Labour might scrap the capital gains tax exemption on primary residences before the election, Sir Keir said in June 2024 that he could “absolutely” guarantee that they would not.

“This was just a desperate story by the Tories in relation to capital gains tax on primary residences,” he said, adding: “There was never a policy so it doesn’t need ruling out, but let’s rule it out in case anybody pretends that it was.”

A Labour spokesman went further, saying that Labour would not put CGT on primary residences and said: “It’s a bad idea.” Put this point in your favourites.

13. Neither the main parties will be returning to Westminster with too much of a spring in their step. This week’s YouGov/Sky News poll put Reform UK on 28%; Labour on 20%; the Tories on 17%; Lib Dems on 16% and the Greens – mid leadership contest until next Tuesday – on 11%.

The Labour figure is their lowest so far this parliament (and indeed, lowest since 2019).

14. The conference season hits with a bang. Next Friday and Saturday is Reform UK in Birmingham, 5 and 6 September. The Trades Union Congress (TUC) is the following week, Sunday 7 to Wednesday 10 September.

Labour conference begins the following Sunday – the 27th – in Liverpool, Greens on 3 October and Tories begin on 5 October in Manchester.

15. There will be extra episodes of Politics at Sam and Anne’s over the conference season. We are going to do Sunday lunchtime episodes at Labour and Tories, since everyone’s weeks start a day earlier.

There’ll be quick turnaround episodes after the key speeches. Make sure you keep coming back to our podcast feed.

16. Of all the different conferences, the Tories’ feels like it could be the most consequential. It’s Kemi Badenoch’s first as leader – the leadership contest was underway last time.

She’s likely to announce a policy of leaving the European Convention on Human Rights (ECHR) and pausing the various refugee conventions signed after the Second World War, although Nigel Farage has stolen her thunder.

Even front benchers were unimpressed with her “wasted” summer – talking about her loss of faith rather than hammering Labour and Reform UK on the economy. It needs to go well for her.

17. And in the middle of this is Donald Trump’s state visit from 17 September to 19 September, while the UN General Assembly (which may have Angela Rayner rather than Sir Keir attending) is 23-27 September, and the European Political Community is in Budapest on 2 October. The Commons is back after conference season on 13 October – which feels late.

18. Migration, asylum and deportation have dominated the summer. Home Secretary Yvette Cooper did manage a holiday – but has lots to do.

Asylum seekers who are refused sanctuary in Britain are seeing their appeals take an average of 54 weeks to be heard.

There were 50,976 outstanding appeals as of March, which is almost double the number compared with 2024, and seven times higher than in 2023 on top of the almost 79,000 asylum claims awaiting an initial decision.

As of March, there were a total of 106,771 asylum seekers in receipt of taxpayer-funded support, including 32,345 in hotels. Asylum seekers received this support for an average of 413 days.

Taxpayers coughed up £3.1bn for hotel accommodation for asylum seekers in 2023-24, which equated to about £8m a day. Phew.

19. Some of the migrants detained before deportation to France are appealing on human rights grounds, delaying the first individuals going back.

Separately, the Home Office is waiting for the outcome of its appeal against Epping Forest District Council after the High Court ruled that migrants must be removed from the Bell Hotel after the council claimed it had become a “feeding ground for unrest”.

Finally, the Home Office is waiting for the French government to change maritime law to empower French police to tackle migrants in the Channel, but the government may collapse before it can.

20. While Reform UK has pledged to leave the ECHR and the Tories are likely to follow suit at conference, Labour moves are much more limited. Yvette Cooper is reviewing Article 3 (privacy) and Article 8 (family life). Will we hear the outcome of that at Labour conference?

21. Also this autumn, from the Home Office, you’re going to see two other big things. There’s the (delayed) strategy to halve violence against women and girls. There wasn’t much money for this extremely ambitious target in the spending review, but charities are still being told to think big.

22. There’s also going to be a police white paper. This needs to generate a reform plan, which can form part of a pitch to the Treasury for more money for policing in the budget. Could this include force consolidation? Not yet clear.

23. You can hear more about all the challenges in home affairs with veteran home affairs journalist and one-time Labour adviser Danny Shaw on a Politics at Sam and Anne’s special. Shaw is far from clear that the French plan will work as a deterrent, and points out that the rest of the EU has to agree to make the plan permanent.

24. French President Emmanuel Macron will recognise a Palestinian state on 24 September, just after Donald Trump’s departure from the UK after a state visit.

Officials believe Sir Keir will hold true to his pre-summer ultimatum to Israel and recognise a Palestinian state at the same time – but the politics of this is tricky and will put him at odds with Trump during the state visit.

25. US network CBS has reported that the US has stopped sharing Ukraine intelligence with the Five Eyes network, including Britain. This will be high on the agenda for the state visit when Sir Keir meets Trump.

US Director of National Intelligence Tulsi Gabbard said in a memo that all information on Russia-Ukraine peace negotiations be withheld from US allies, and talks were reportedly classed as “NOFORN” by US intelligence, meaning no foreign dissemination. Gabbard subsequently denied this.

26. In other foreign news for the autumn, the European Commission has to determine its mandate for the new deal with the UK, which will bring our SPS – food and agriculture safety – rules in line within the bloc, and consequently mean less friction in trade.

There’s a “common understanding” but no final decision on the EU side. EU relations minister Nick Thomas-Symonds, who is leading on this, thinks he can complete negotiations by 2027. Will he succeed?

27. Health Secretary Wes Streeting had a better summer than most. He got the 10-year NHS plan out of the door pre-summer, although the NHS finances remain in a terrible state.

But he managed at least to pause the resident (junior) doctors’ strikes. While there isn’t a resolution, this is a start. Can he follow through?

28. Education Secretary Bridget Phillipson has a much trickier autumn ahead. She will oversee reform of Special Educational Needs and Disabilities (SEND) which – if mishandled – could lead to the biggest clash with Labour MPs since the welfare revolt.

It may not – but we haven’t heard much detail or pitch rolling. They want to “tilt (special needs) back to the mainstream” – with Canada as a model. It’s “going to take years”, and there is no overnight fix, I’m told. But this is delicate and MPs are worried.

There’s also a wider white paper that seeks to boost extra-curricular activities, and Phillipson will continue her focus on early years, although nursery funding remains a contentious area.

29. …deep breath. There’s also a curriculum review, seeking to embed “oracy, criticality and digital skills”, while the delayed new Ofsted grading system comes in.

Also, they’re working on how to improve university funding sustainability – which sounds like annual inflation increases in tuition fees.

30. Will the Lords kill the Assisted Dying Bill? This will come down firstly to arcane rules on timing in the Lords. There are two sitting Fridays a month.

But then, even if it manages to pass the Lords, there are currently no further sitting Fridays in the Commons scheduled for this session, so the government will come under pressure to put on some extras – but have said they won’t intervene to give it more time.

One senior government figure (who backs it) told me they thought the chances of it passing are worse than 50/50.

Continue Reading

Politics

Electoral Dysfunction: Has Reform ended ‘big tent’ conservatism?

Published

on

By

Electoral Dysfunction: Has Reform ended 'big tent' conservatism?

Former prime minister David Cameron once described himself as a “modern, compassionate Conservative”.

That was in 2011, in an interview during the party’s annual conference in Manchester, the early years of the coalition.

“Cameronism” – or “Cameroonism”, you take your pick – became the self-defined lens of conservatism that Cameron used during his six years in Number 10. Austerity, combined with policy to appeal to social liberals, such as equal marriage, and environmental “responsibility – to the next generation”.

Fourteen years on from that interview, “Badenochism” has yet to truly define itself, but it’s fair to say that the Conservatives of 2010 are different to those of 2025.

The party has shifted further to the right in recent years, with some jumping ship to join Reform UK. Both parties are now fighting for the soul of the British right.

This got Electoral Dysfunction listener Sean thinking – he sent in a question about whether defectors would be welcomed back to the Conservatives in the future. Co-host Ruth Davidson, who previously was leader of the Scottish Conservatives in Holyrood, had plenty of thoughts.

Ruth says…

Ruth Davidson was previously leader of the Scottish Conservatives - she now co-hosts Electoral Dysfunction
Image:
Ruth Davidson was previously leader of the Scottish Conservatives – she now co-hosts Electoral Dysfunction

The kind of conservatism that I represent, I think, is very far from Reform.

More on Daily Podcast

There are some people within the Conservative Party that see almost the Conservative-Reform spectrum as a continuum, and that actually one bleeds into the other, and there may even be a bit of crossover in it.

I don’t see it like that.

I find what’s alarming [is] the journey from a Conservative Party Conference where you had David Cameron as leader, you had Justine Greening, you had Greg Clarke, you had Dominic Grieve, William Hague, you had all of these people, you had a really broad tent.

You had people like Liam Fox that were representing the right of the party.

The Conservatives are being 'outflanked' on the right, Ruth says
Image:
The Conservatives are being ‘outflanked’ on the right, Ruth says

The idea that we’ve gone from such a broad church to now fighting on such a small patch of ground over immigration.

The attack that Kemi’s getting from within the party, he would say that he’s trying to be supportive, but in terms of the challenge she’s getting within from Robert Jenrick, it’s all on this really narrow patch of land.

If you look at the broad swathes of policy that’s out there that affects people in economics, in business, in social care, in public services, in education, in opportunities for young people, we could fight on any ground and the fights that we’re choosing to have right now are on this really, really narrow path of ground.

We’re being outflanked on the right and we’re drifting ever further towards there. It makes me sad as somebody that believes in “big tent” conservatism.

Has Reform's arrival ended 'big tent' conservatism?
Image:
Has Reform’s arrival ended ‘big tent’ conservatism?

I think when your party is under threat, and I think this happens to all parties, when you’re reducing rather than expanding, you talk to your base to try to generate your base to come out for you.

You don’t then talk to try to convert others who have previously voted for other parties at different elections.

You’ve all of these groups that exist that are populated by people who are still of the more centre-right views rather than right views – like the Conservative Environment Network, LGBT+ Conservatives – but the difficulty they have is that they have that same sort of confliction that we saw a lot of parliamentarians under Jeremy Corbyn had – like Jess Phillips, like Wes Streeting.

They want to be loyal to the party, they want to support the leader, but they struggle with the fact that what the vehicle is espousing is not their beliefs.

Electoral Dysfunction unites political powerhouses Beth Rigby, Ruth Davidson, and Harriet Harman to cut through the spin, and explain to you what’s really going on in Westminster and beyond.

Want to leave a question for Beth, Ruth, and Harriet?

Email: electoraldysfunction@sky.uk

WhatsApp: 07934 200444

Continue Reading

Politics

Will this be Starmer’s toughest term yet?

Published

on

By

Will this be Starmer's toughest term yet?

👉Listen to Politics at Sam and Anne’s on your podcast app👈

With MPs returning to parliament in a few days, Sam and Anne look ahead to a packed autumn schedule.

In the last episode of the Summer Box Set, both spill the beans on the latest news and gossip around Westminster, Whitehall and beyond.

They’ll mark the important dates in the calendar, break down the fortunes of the key players, and explain which areas could cause trouble for the government.

Normal service resumes on the podcast on 1 September.

Continue Reading

Trending