In 1999, Sir Keir Starmer, then a human rights lawyer, edited a manual on interpreting the Human Rights Act 1998 (HRA) and the European Convention on Human Rights (ECHR). The document, obtained by GB News, praises the HRA as a transformative framework with "enormous potential," representing "a new way of thinking about law, politics and the relationship between public authorities and individuals." This background contrasts sharply with current political debates where Sir Keir, now Prime Minister, faces criticism for his government’s handling of migration and its refusal to leave the ECHR despite challenges posed by human rights laws on deporting migrants arriving via small boats.

The Attorney General, Lord Richard Hermer KC, reiterated the government's firm stance against withdrawing from the ECHR during recent parliamentary scrutiny. Speaking before the Lords constitution committee, Hermer described leaving the treaty as "completely contrary to the national interest," asserting that tackling illegal migration requires continued cooperation with Europe under the framework of the ECHR. He strongly opposed proposals to abandon international agreements, warning against the dangers of emulating countries like Russia and Belarus by abandoning protections against deporting individuals to places where they risk death or torture. Hermer also highlighted ongoing Home Office reviews concerning the application of Article 8, which protects the right to private and family life, noting that this provision grants states "an enormous margin of appreciation" in immigration matters.

Despite such official assurances, calls for reform or abandonment of the ECHR are vocal, especially among opposition figures and some former officials. Reform UK leader Nigel Farage criticised Sir Keir's role in popularising human rights laws that now hinder stronger immigration controls. Similarly, former Labour Home Secretary Jack Straw, who helped draft the 1998 Human Rights Act, urged Prime Minister Starmer to "decouple" British law from the ECHR in response to migrant deportation challenges. Straw argued the ECHR is being misapplied, blocking deportations under Article 8 more often than intended and called for amendments to the Act to avoid mandatory adherence to Strasbourg court rulings, rather than outright withdrawal — a process he acknowledged would take years to implement.

Conservative figures, including former Home Secretary Suella Braverman, plan to publish a comprehensive blueprint for leaving the ECHR. Their report contends the convention, intended as a shield against tyranny, has mutated into a "sword against sovereignty," obstructing effective policymaking on immigration and national security. They propose new arrangements to safeguard the UK’s borders, protect veterans, and potentially revise elements of the Belfast Agreement — a sensitive matter involving the Northern Ireland border — which opponents of withdrawal, including Hermer and Labour officials, warn could unravel peace accords and diplomatic relations.

The debate over Article 8 remains central to the controversy. The government’s top legal adviser lamented the misinformation surrounding this article in asylum and immigration cases, identifying a "real job on misinformation" as public discourse often distorts how the right to private and family life is applied in UK courts. Legal experts note the European Court of Human Rights has shown deference to national authorities regarding balancing family rights against immigration controls, insisting this balance respects core human rights principles.

While Conservative ministers have expressed frustration, arguing Starmer’s Attorney General is blocking decisive action, the government maintains its commitment to reform the immigration system within the bounds of international law. Measures such as a limited returns agreement with France and asylum processing reforms are being pursued. However, the unresolved tension highlights the complex interplay between protecting human rights, maintaining international legal commitments, and addressing public concerns about immigration, which recently surpassed economy and health as the most significant voter worry according to opinion data.

In sum, Sir Keir Starmer’s historical role in shaping human rights jurisprudence and the current UK government’s reliance on the ECHR underscore the challenges faced by policymakers attempting to reconcile sovereign immigration control with obligations under international law. The debate continues to evoke strong opinions across the political spectrum, illustrating the difficulty of reforming human rights protections without risking diplomatic and legal fallout.

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Source: Noah Wire Services