𝓤𝓷𝓲𝓽𝓮𝓭 𝓝𝓮𝔀𝓼

Keir Starmer has been accused of trotting out “nonsensical” claims that quitting the European Convention on Human Rights would leave the UK on par with Russia and Belarus. Labour grandee and former Home Secretary Jack Straw was amongst a host of top politicians and former judges to condemn claims which are “devoid of serious meaning.”

And a former Supreme Court judge, Lord Sumption, warned that the European Court of Human Rights has “transformed itself” into a “legislative body”, which is treating many issues as “fundamental human rights” when they are not. In a blistering attack on Labour, Lord Sumption said growing concern about the ECHR interfering in domestic politics cannot be “trivialised” by resorting to “cheap rhetorical slogans”.

Critics have warned that Britain cannot control its borders unless it leaves the ECHR.

But senior Labour figures, including Prime Minister Sir Keir Starmer, Attorney General Lord Hermer and Home Secretary Shabana Mahmood have said quitting the convention would leave the UK “in a club with Russia and Belarus”.

Former Supreme Court Justice, Lord Sumption, said, in a new report published by Policy Exchange: “By emancipating itself from the text of the Convention in the name of modernising it, the Strasbourg court has transformed itself from a judicial into a legislative body.

“As such, it has classified as fundamental human rights many things which have no basis in the Convention, are not in any sense fundamental or human rights, and are proper matters for political rather than judicial decision.

“This is a significant change with profound constitutional implications for Britain and other European democracies.

“The object of any British withdrawal from the Convention would to get rid of the Strasbourg court.

“It would not be to get rid of human rights, which are perfectly capable of being protected by domestic statute and common law, interpreted by domestic judges on orthodox legal criteria.

“This is an important issue which deserves to be taken seriously, and not trivialised by resort to cheap rhetorical slogans.”

Lord Sumption dismissed comparisons between the UK, Russia and Belarus, declaring “they have never been democracies”.

He said: “Neither of them has independent courts. Neither has ever had a tradition of protecting rights politically against the state.

“Neither permits any meaningful opposition to the government. None of these things are true of Britain, nor is there any reason to suppose that they ever will be.

“And in the unlikely event that the British people were to turn into monsters of oppression and prejudice, would the Convention or the Strasbourg court be capable of stopping them?

“They never inhibited Russia from trampling on human rights during the 24 years in which it was a member of the Council of Europe.”

Former Foreign Secretary Jack Straw said: “The scope of the Court needs drastically to be cut down. I’m delighted that the Prime Minister and Justice Secretary are themselves in the vanguard of arguing within the Council of Europe (the Court’s parent body) that change is now urgent, not least on the ludicrously extravagant widening of the scope of Article 8, on the right to family life. 

“However, those who want the UK to stay attached to the ECHR must do better than trot out the tired, indeed nonsensical, argument that if we were to leave we would be in the same ‘club’ as Belarus or Russia.

“It’s a ‘Here be dragons” argument, devoid of serious meaning.”

Under Labour’s plans, human rights laws will be overhauled to limit how failed asylum seekers and foreign criminals can claim a right to a family life.

A family will be defined as “parents and their children”, under new Home Office plans.

And judges will be ordered to prioritise public safety and immigration controls over Article 8 of the European Convention on Human Rights – the right to a family life.

Labour has also insisted the UK – alongside European allies – will try to renegotiate Article 3 – the right to freedom from persecution and torture amid fears it is being abused.

Former Foreign Secretary Sir Malcolm Rifkind said: “The whole world knows that Russia and Belarus are cruel dictatorships which believe in “Rule by Law” not the Rule of Law.

“They criminalise peaceful opposition to their power to try and justify imprisoning or killing their opponents.

“The UK, in comparison, whether adhering to the ECHR or withdrawing, will remain not just the originator of Magna Carta but a country whose Parliament and Supreme Court are champions of civil liberty and the rule of law. 

“The authors of this paper demonstrate this view with clarity, common sense and complete persuasiveness.”