Britain today joined other European countries in pushing for a human rights overhaul to allow Rwanda-style migrant schemes – despite Sir Keir Starmer having scrapped the UK’s own deal.
A total of 27 nations, including the UK, delivered a joint statement to a Council of Europe meeting on Wednesday to demand reform of the European Convention on Human Rights (ECHR).
They called for action to make it easier for them to tackle illegal immigration, deport foreign criminals, and cooperate with ‘third countries’ on asylum and return schemes.
The group of nations, which also included Denmark, Hungary, Italy, Ireland and the Netherlands, warned a failure to act would ‘erode confidence’ in the whole ECHR.
They insisted that human rights laws should be ‘constrained’ so countries are not prevented from taking ‘proportionate decisions’ on migrant removals.
The Government’s decision to add the UK’s voice to the demands – including on ‘third country’ deals – comes despite Labour having previously junked plans to send Channel migrants to Rwanda.
Sir Keir scrapped the scheme, devised by the previous Tory government to deal with the small boats crisis, on his first full day as Prime Minister.
There has since been a push by some European nations to establish their own ‘return hubs’ for the deportation of asylum seekers.
Britain joined other European countries in pushing for a human rights overhaul to allow Rwanda-style migrant schemes – despite Sir Keir Starmer having scrapped the UK’s own deal
A group of people, thought to be migrants, wait in the sea to board a small boat in Gravelines, northern France
Italy has agreed a deal to send migrants intercepted at sea straight to Albania to have their asylum claims processed, but has seen the scheme encounter legal difficulties.
In their joint statement to Wednesday’s meeting in Strasbourg, the 27 countries called for ‘innovative and durable solutions to address migration’.
‘A state party should not be prevented from entering into cooperation with third countries regarding asylum and return procedures, once the human rights of irregular migrants are preserved,’ they added.
They also demanded that Article 3 of the ECHR, which prohibits torture and ‘inhuman or degrading’ treatment, to be ‘constrained to the most serious issues’.
The statement added this should be ‘in a manner which does not prevent state parties from taking proportionate decisions on the expulsion of foreign criminals, or in removal or extradition cases’.
The group of nations also said Article 8 of the ECHR, which protects the right to family life, should not prevent countries from applying ‘clear rules’ on migration cases.
They statement added that ECHR reform should find the ‘right balance’ between migrants’ individual rights and ‘the weighty public interests of defending freedom and security in our societies’.
However, in a sign of the divisions among European nations over how to tackle migration issues, the statement was backed by less than two-thirds of the 46 member states signed up to the ECHR.
France, Spain and Germany were among the 19 countries who declined to sign the ‘breakaway’ statement and instead put their names to a separate, official declaration backed by all 46 governments.
Deputy Prime Minister David Lammy, who is also Justice Secretary, attended Wednesday’s meeting in Strasbourg
Alain Berset, the secretary general of the Council of Europe – the body which oversees the ECHR, said the ‘living instrument’ is possible to adapt.
But he said work to adopt Wednesday’s official declaration would not begin until May next year.
‘This is really the starting of a process on a consensus basis. That’s the most important point for today,’ he said.
‘All 46 member states have reaffirmed their deep and abiding commitment to both the European Convention on Human Rights and the European Court of Human Rights.
‘This is not rhetoric. This is a political decision of the highest order.
‘But ministers have also expressed their concerns regarding the unprecedented challenges posed by migration and the serious questions governments face in maintaining societies that deliver for citizens.’
Both the Conservatives and Reform UK have committed to quitting the ECHR in order to help tackle illegal migration across the Channel.
Senior Tory MP Chris Philp, the shadow home secretary, said: “Activist lawyers use the ECHR to block deportations that should be straightforward, yet Labour’s answer is to pretend they can renegotiate articles with 45 other countries. A fantasy that fools no one.
“The right balance can only be achieved through third-country removal routes, precisely the approach the Conservatives pursued, and Labour tore up.
‘Labour voted against our Rwanda plan, opposed every tightening of removal powers, and then scrapped the very tools this statement says Europe needs.
‘Labour cannot claim to support these principles while dismantling them at home.’
Robert Jenrick, the shadow justice secretary, said: ‘Attempts to reform the ECHR are as doomed as David Cameron’s attempt to reform the EU.
‘As the Attorney General [Lord Hermer] has conceded, the idea you can meaningfully change the ECHR anytime soon is a ‘political trick’.
‘Even minor changes to the ECHR are a million miles away given France and Germany aren’t on board.
‘We don’t have the time to wait for Europe to get its act together when our borders are broken today.
‘We need to leave the ECHR immediately so we can finally put the interests of the British people first.’
Lord Wolfson of Tredegar, the Tory shadow attorney general, said: ‘The prospect of reforming the ECHR is superficially attractive but the unfortunate reality is that multiple rounds of reforms have been attempted and have failed to achieve much in the way of meaningful improvements.
‘At one stage, the UK led this process and documents were produced which involved many hours of work by Government lawyers and civil servants but have had little impact on the ‘mission creep’ of the ECHR.
‘Today’s conference was not even looking at the substance of Convention rights, and only a small proportion of members signed the joint statement, which shows the challenge of reaching agreement between 46 countries.
‘The political statements so far seem more interested in countering electoral challenges to current governments, than in achieving meaningful reform.
‘This could backfire badly if voters’ sense that face-saving tinkering is being offered instead of genuine action.’
Reform leader Nigel Farage said: ‘Starmer can try and talk tough all he wants but the reality is that nothing will change unless we leave the ECHR.
‘There is no realistic prospect of reforming the ECHR, meanwhile terrorists, murderers and paedophiles pour across the borders in small boats every day.’
Deputy Prime Minister David Lammy, who is also Justice Secretary, attended Wednesday’s meeting and said afterwards: ‘The UK is committed to the Convention.
‘But to secure its future, we must ensure it evolves – striking the balance between individual rights and public interest to deliver peace, stability and security for the 21st century.’
