Ellie Henderson
Rishi Sunak was prepared to withdraw the UK from the European Convention on Human Rights to halt asylum seekers trying to cross the Channel. But now, Downing Street said there are in fact “no plans” for the UK to do so.
The proposals could lead to the implementation of some of the most extreme immigration policies ever seen in the UK. Could the withdrawal still happen – and, if so, what are the potential consequences?
What is the EHCR?
The European Convention on Human Rights (ECHR) was drafted following the atrocities of WW2, with the intention of safeguarding the fundamental rights of human beings. It is an international treaty between the 47 states of the Council of Europe and was the first legal guarantee of human rights. The UK played a huge role in its drafting.
Rights protected under the ECHR include the right to freedom of speech, religion, and privacy. It also includes the right to protection from slavery and torture. When signing up for the ECHR, governments made a legal commitment to abide by these standards – protecting democracy and the rule of law throughout Europe.
Sunak’s proposal
Prime Minister, Rishi Sunak and Home Secretary, Suella Braverman are reported to be finalising proposals for major immigration legislation. These plans would “push the boundaries” of international law, according to a government source.
As such, it could be deemed unlawful by the European Court of Human Rights. In light of this possibility, the Prime Minister is open to withdrawing the country from the ECHR altogether, according to The Sunday Times.
“Sunak’s plans are reported to potentially include the removal of the rights of migrants to appeal their exclusion from the asylum system.”
According to The Guardian, the policy is supported by a number of ministers, with many stating their desire for it to be a part of the Conservative manifesto if it cannot be implemented by the next election.
One of Sunak’s proposals is to get rid of a migrant’s right to appeal against their exclusion from the asylum system. An alternative proposal would only allow them to appeal after they have been deported, regardless of whether their home country is on the Home Office’s ‘safe countries’ list.
Under current law, asylum seekers have the right to remain in Britain while their applications are considered.
The proposals follow the Prime Minister’s recent pledge to pass new laws preventing small migrant boats from crossing the Channel. There is anticipated to be a 50 per cent rise in migrants arriving in the UK this year: official estimates suggest 65,000 migrants are expected to claim asylum in 2023, compared to 45,000 in 2022.
What would leaving the ECHR mean for the UK?
Sunak’s proposal has been met with huge controversy amongst the opposition, the public, and even within his own party.
The potential consequences of leaving the ECHR are massive. The government could easily implement its potential extreme migration rules – opening up the possibility of even more contentious measures.
[Alyn Smith] described the proposals as the result of a “narrow ideological obsession of the Prime Minister” which would leave the UK “an outlier on the world stage”
The Scottish National Party (SNP) have firmly rejected the proposals.
SNP European spokesperson Alyn Smith said: “SNP MPs will oppose any attempts by the Tory government to remove Scotland from the ECHR.”
He described the plans as: “ a narrow ideological obsession of the Prime Minister” which would leave the UK “an outlier on the world stage.”
Similarly, Plaid Cymru described Sunak’s proposals as “the last desperate gasps of a dying government, drowning in their own ideological chaos and division” in a tweet on the 6th of February.
Threats to take the UK out of the ECHR are the last desperate gasps of a dying government, drowning in their own ideological chaos and division
We must take urgent steps to protect human rights in Wales https://t.co/UJb2rhgk4G
— Plaid Cymru (@Plaid_Cymru) February 6, 2023
Furthermore, the Green party condemned the proposals and described them as part of a wider Conservative plan to “dismantle the very concept of asylum.”
Criticisms have also been raised within the Conservative party, and Sunak has been warned of backlash if he moves forward with his plans.
Conservative chair of the Commons justice committee, Robert Neill told The Financial Times: “If Conservatives don’t believe in the rule of law, what do we believe in? Are we going to put ourselves in the same company as Russia and Belarus?”
Is it still likely to happen?
In a briefing, Downing Street stated that there were “no plans” for the government to leave the ECHR. They said they will: “…of course comply with all our international obligations, and we are confident the measures being worked through will tackle the problem while being compliant with the ECHR.”
“[T]he proposed changes to immigration policy could be implemented in the near future“
However, Downing Street says that the proposed changes to immigration policy will be published “fairly soon,” – meaning that the proposed changes to immigration policy could be implemented in the near future.
Featured image courtesy of Paul Silvan on Unsplash. Image license found here. No changes were made to this image.
Ellie Henderson
Glasgow-based freelance journalist and editorial intern, specialising in news, politics, and music journalism.