Labour to overhaul human rights laws in bid to ramp up migrant deportations
Labor will overhaul human rights laws to make it easier to deport foreign criminals and small boat migrants as part of a major crackdown on immigrants.
Under sweeping reforms announced by the home secretary, the government will seek to change the way the European Convention on Human Rights is interpreted by UK judges in a bid to prevent asylum seekers from exercising their right to family life to avoid deportation.
Home Office officials claimed the ECHR had “allowed large numbers of people to remain in the UK against the will of the public” and that the new legislation would allow Britain to increase the number of deportations.
The radical measures are part of the much-publicised reform of the asylum system, billed by the government as the “most comprehensive reforms of modern times”, as Labor tries to fend off the threat of Reform UK and Nigel Farage.
But critics of the proposals have warned that any moves to change the way the UK interprets the rules would drive asylum seekers underground and leave them vulnerable to exploitation.
Sile Reynolds, head of asylum advocacy at Freedom from Torture, said the changes would “punish people who have already lost everything”, adding: “Either we all have human rights or none of us have them.”
The measures could also lead to discontent among the backbenchers; A Labor MP might accuse the party leadership of “chasing reform”. they said Independent: “The dehumanization of people in despair is the antithesis of what the Labor Party is about.”
Announcing the changes, former human rights lawyer Sir Keir Starmer said they would “prevent endless objections” and “stop last-minute claims”.
He said: “Britain has always been a fair, tolerant and caring country and this government will always defend these values.
But in a more volatile world, people need to know that our borders are secure and the rules are enforced.
“These reforms will prevent endless appeals, stop last-minute claims, and increase removals of those who have no right to be here.”
Shabana Mahmood will make plans on Monday to rewrite how Britain grants asylum to those fleeing conflict and riots, drawing heavily on ideas used in Denmark, where Home Office officials were sent to review border control and asylum policies last month.
Under the proposed amendments, ministers want to introduce a bill changing the way Article 8 of the ECHR (the right to family life) is interpreted by judges in immigration cases, in a bid to stop immigrants “gaming the system” and “rebalance the public interest tests in favor of the expectations of the British people”.
The home secretary also wants to tighten the rules on family connections so that only those with immediate family in the UK, such as a parent or child, will be able to use Article 8 to stay in the future.
The rules will also be updated to change modern slavery laws, which authorities claim are being abused under “bogus” allegations. The appeals process will be updated to limit illegal immigrants to a single appeal to prevent them from “changing arms after challenge”.
The UK will also work on further reforms around Article 3 on the prohibition of torture. Authorities claimed the definition of inhuman and degrading treatment had been “too broad”, citing cases where serious criminals remained in the UK after allegedly failing to meet their healthcare needs in their home country.
Ms Mahmood gave an update on the changes on Sunday, telling Sky News that ministers wanted to “restrict by legislation the way in which immigration cases are applied” when it comes to Article 8.
He said it was “the right thing to do because we have seen an expansion of the way this right is exercised in a way that is designed to prevent the deportation of those who do not have the right to be in this country under our immigration rules.”
But the Refugee Council, a charity that advocates on behalf of refugees, warned that watering down these laws would risk chaos and drive desperate people underground, leaving them vulnerable to exploitation.
Following the home secretary’s comments on Sunday morning, the charity’s chief executive, Enver Solomon, said: “After the horrors of the Second World War, the UK helped draft the European Convention on Human Rights as part of our shared ‘never again’ oath. Its aim was to protect us all from persecution and to ensure that people who came to our country seeking safety had a fair chance to apply for asylum.”
He described the UK’s legal system as “the difference between life and death for many”, adding: “The government has a choice to make: we can build a fair and compassionate asylum system that determines who is entitled to protection and who is not. Or we can dilute the laws that protect us all and risk chaos: desperate people will still come to our shores, but will be driven underground and left vulnerable to exploitation and abuse.”
Ms Reynolds accused political parties of “trying to outdo each other by racing to the bottom in persecution of refugees”.
He said: “In countries like Syria, Eritrea and Sudan, we see every day the trauma of people who have survived torture because they defended the same freedoms we value in Britain. “Rather than offering safety, political parties are locked in a race to the bottom, trying to outdo each other in the persecution of refugees.
“These proposals will punish people who have already lost everything, depriving them of security and hope. But either we all have human rights, or none of us have them.”
“Removing protections that prevent people from being sent back to their torturers is not who we are as a country. This is a cynical attempt to scapegoat defenseless people to score political points. We can and must do better.”
Conservative Party leader Kemi Badenoch said it was “delightful that Shabana Mahmood is finally talking seriously about tackling illegal immigration” but added: “The prime minister always backs down in the face of opposition from his left-wing supporters, as we have seen with Keir Starmer’s deplorable U-turn on modest welfare cuts.”
“If the home secretary really wants to reduce illegal immigration, he should sit down with her, accept my proposal and work on a plan that will actually stop the boats, rather than a few feeble amendments that will get the approval of Labor MPs.”
Other changes expected as part of a suite of measures include removing the automatic right to housing and financial support for asylum seekers and changes to refugee status that will make this right temporary and subject to review every two and a half years. Those who come to the UK with vehicles such as small boats or trucks also face a 20-year wait to stay in the country permanently.
Elsewhere, AI facial age estimation technology will be introduced to detect the age of immigrants and find out whether those claiming to be children are actually children.
