Immigration and security are consistently amongst the most important issues to the British people.
Yet it has been the ECHR which has stopped the tough action needed on small boat arrivals and deporting foreign criminals. This has once again been brought into focus with staggering reports of how the courts are applying ECHR rights in recent weeks – from an Albanian criminal avoiding deportation in part due to his child’s distaste for foreign chicken nuggets to schemes specifically put in place for Ukrainian refugees being opened up to potentially all conflict zones.
As a strong believer in Cabinet government, I made this case internally over a number of years. Indeed, as Chancellor of the Duchy of Lancaster, I authored a paper for the then Prime Minister recommending that leaving the ECHR was the only certain way to stop the boats but it was felt too many then Cabinet colleagues were opposed and so was not progressed.
We should be proud of our many achievements in government, and the difference of having Conservatives in office is even clearer after the disastrous first few months of Labour in power. Yet, in light of one of the worst defeats in our history we need to be honest where we made mistakes.
One of these was not being bold enough to leave the ECHR.
The Rwanda Plan was beginning to act as a deterrent to prevent people making a dangerous journey to the UK when they are already in a safe third country – as the objections of the Irish Government as migrants began to move there from the UK was starting to show. But it was the ECHR that was the central blocker in getting it up and running and it has now been dropped by Labour.
Illegal migrants commonly use arguments under the ECHR, such as the ‘right to family life’ to stay in the UK, as do foreign criminals, including those convicted of the most serious crimes like murder, sexual offences and drug dealing. This must change.
Kemi Badenoch is absolutely correct to say that we need to focus on rebuilding trust, and that now is not the time to start setting out a detailed policy platform on every issue. We neither know the date of the next election nor the damage that Labour will have done by then. But a high-level commitment to leave the ECHR is consistent with this, showing that we are listening and have understood what we need to do differently.
This isn’t a knee jerk response to the rise of Reform.
As Conservatives we’ve made real progress in this area. Indeed, as Brexit Secretary I helped oversee our exit from the European Union which brought an end to free movement. Yet this has proven a necessary, if not sufficient step and in many ways leaving the ECHR is finishing the job started by Brexit.
The ECHR is distinct from the European Union, but it engages similar issues of parliamentary sovereignty. Dealing with illegal migration or ensuring that we can deport foreign criminals is important for our security and in reducing the cost to taxpayers but also speaks to a more fundamental right. Democratically elected Governments need to have the freedom needed to comprehensively deliver on what they promised. If they don’t we run the risk of people feeling that there is simply no point in taking part in democratic politics.
The UK has a proud history in being at the forefront of protecting the rights of the individual. It is vitally important that people have legal protections against overbearing public authorities. But there is no need for the ECHR to do this, just look to some of our closest allies like Canada, Australia and New Zealand. We should be honest that such a major change is complex, not least considering the ECHR’s role in Northern Ireland, the Trade and Cooperation Agreement and our domestic law. But I know these are resolvable, and the prize in terms of increased security is worth the cost.
As Conservatives we’ve been willing to talk the talk on our frustrations with the ECHR but haven’t been bold enough to walk the walk. We need to get away from wishing for a policy outcome, without being willing to follow through on what that requires. I very much welcome Kemi’s commitment to “review every policy, treaty and part of our legal framework – including the ECHR and the Human Rights Act”, and as we do that, I’ll be making the case that to tackle small boats and deport foreign criminals we must commit to leave the ECHR.
