Echoes of Brexit as Starmer is pressed to seize initiative on human rights
Can a lefty human rights lawyer be the one to take on Britain's uneasy relationship with the European convention on human rights (ECHR)?
It is the most unlikely of causes for Keir Starmer. But there is a growing feeling in government that he should seize the initiative.
It will not just be a renegotiation in Europe, which ministers fear would echo the failed EU one attempted by David Cameron, but unilateral reform in the way the fundamental rights in the convention can be applied.
It is fraught with complication and risk and no one knows that better than the prime minister. Starmer is steeped in the language and history of the Strasbourg court. Allies say he can – and does – reel off the most important cases and precedents from memory.
The first time Starmer wrote for the Guardian was in 2009 on the fundamental importance of human rights, saying that to dismiss them was to 'lose all notion of justice and surrender to the sometimes understandable but always inappropriate yearning solely for retribution'.
But it is from this position that those in government – and a growing number of Labour MPs – believe there is an opportunity to lance the boil of the far-right argument to leave the convention altogether.
'Under this government the question of whether to stay in the ECHR is settled, it's not even a question,' one senior government minister said.
'But this is not the EU – it's not about in or out – it's about whether we can use our national sovereignty to address what is a legitimate concern from the public to how this law is being applied in order to preserve what are really fundamental human rights laws which we all believe in.'
The rightwing press have made a bogeyman of the ECHR – making wildly misleading accusations of it being responsible for allowing criminals to stay in Britain because their children don't like foreign chicken nuggets.
It is the bete noire of Robert Jenrick, the shadow justice secretary, and leaving the ECHR was the platform for his Conservative leadership attempt. It looks almost certain to be adopted as a policy by Kemi Badenoch. Nigel Farage said it would be his first act to leave, if he were PM.
But a growing number of Labour MPs say that although much of the criticism of the ECHR is hyped-up nonsense that falls apart when details of the cases are revealed, some of the commentary is valid. Many are in Reform-facing seats and want the government to seize the issue and act decisively.
The two key aspects of the convention that have caused the most controversy are article 8, which includes privacy and right to family life; and article 3, freedom from torture and degrading treatment. The Home Office is undertaking reviews of both – and how courts apply them.
ITV's investigation this week is an obvious illustration; two fugitives wanted for murder and child rape, one of whom has offended again in Britain, cannot be deported because of overcrowded conditions in Brazilian prisons.
In a joint article responding to the ITV investigation, two of the most vocal Labour MPs of the 2024 intake – Jake Richards and Dan Tomlinson – said the government needed to neutralise the calls from the Tories and Reform to leave the ECHR. To do that, it should 'offer serious and practical changes to see off this threat and deliver for the British people'.
Many more MPs say they believe there are examples the world over of voters reacting violently against international law and treaties because of their perceived anti-democratic inflexibility, which they believe stops them getting the changes they vote for.
The way to stop this growing backlash happening in Britain, they say, is to show that change can happen without throwing away decades of long-fought-for human rights.
The attorney general, Richard Hermer, a veteran human rights lawyer like Starmer, whose legal career has made him a big target for the right, has hinted he is in agreement. His view will be essential to the path Starmer takes. 'British leadership to strengthen and reform the international rules-based system is both the right thing to do and the only truly realistic choice,' he said in a recent speech.
Senior government figures say there may be a path for a bill that sets out the principles on how the ECHR can be applied going forward, shaped by modern circumstances.
But there is a strong feeling that seeking European-wide agreement to change the ECHR is a non-starter – it would take too long, be too tortuous, and give the impression the UK is going 'cap in hand' to Strasbourg to ask for permission to change things.
It is true that nation states, including France, have begun to vary their interpretations of those laws, especially article 8. Some cabinet minsters believe that the change can come through guidance, especially to the first-tier immigration tribunal, about how to apply the law.
But MPs in favour of change would like to see the government seize the cause more robustly and publicly than that, which is why they favour legislation. 'There have been too many occasions where the centre left haven't seized a cause that could turn very ugly and found a way to respond to public concern in a way that is progressive,' one said.
The challenge is how to land that message of a third way, instead of the binary choice the populist right will present between leave or remain. That will feel queasily familiar to veterans of the Brexit years – Starmer again is among them.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Glasgow Times
5 minutes ago
- Glasgow Times
Scottish Government ending use of WhatsApp after criticism
The Government had previously agreed to end its use of WhatsApp and other non-official messaging applications by spring next year. READ NEXT: First Bus receive huge accolade at Scottish Transport Awards 2025 The policy comes into force on Friday though some teams will continue to phase out the app by the end of the year. As part of the UK Covid-19 Inquiry, it emerged ministers and top civil servants deleted WhatsApp messages which had been requested by the inquiry team. The Conservatives attacked former first minister Nicola Sturgeon in particular for deleting messages, though she said they did not relate to Government business. Her successor, Humza Yousaf, ordered a review of mobile messaging which was carried out by Emma Martins – the former Channel Islands data protection commissioner. READ NEXT: Abusive social media posts directed at MSPs tripled in past year Deputy First Minister Kate Forbes said the policy will apply to all Scottish Government employees, including contractors, senior civil servants, special advisers and ministers. Ms Forbes said: 'We are setting out a clear approach to ending Government use of mobile messaging apps, and this will support wider work to deliver on our commitment to openness and transparency. 'The use of mobile messaging apps increased during the pandemic as staff worked remotely in unprecedented and difficult circumstances. Having reflected on our working practices, we are now implementing changes to the use of such apps. 'This follows on from actions to implement other recommendations from Ms Martins's externally-led review including updating our hybrid working policy. 'I want to reassure the public that it is a priority of this Government to maintain secure and searchable data, ensuring compliance with all records management rules. 'We will continue to act to ensure our data policies are robust, especially considering technological advances.' Opposition MSPs have said the new policy is a 'clear admission' from the Government that the pandemic deletions were wrong. Scottish Conservative MSP Craig Hoy said: 'This is as close as we'll get to an apology from the SNP for the shameful, industrial-scale deletion of Covid WhatsApp messages which was orchestrated by John Swinney and Nicola Sturgeon. 'This change in policy is all well and good but the horse has already bolted for bereaved families who were denied the answers they deserved over the decisions taken by SNP ministers during the pandemic. 'Secrecy and evasion are hardwired into this SNP Government, so the Scottish people will not be duped into thinking one overdue concession marks a change in culture.'
The Independent
28 minutes ago
- The Independent
UK readies charter flights out of Tel Aviv as Middle East crisis spirals
British authorities are scrambling to provide charter flights to evacuate UK citizens from Israel amid spiralling conflict in the Middle East. Downing Street urged Britons in the region to register their presence with the Foreign Office as the crisis deepens and Prime Minister Sir Keir Starmer called on all sides to reach a diplomatic outcome. Number 10 on Friday morning said that the situation remains 'fast-moving' and would continue to be monitored closely as the Government works with Israeli authorities to ready flights out of Tel Aviv. A spokesman added: 'We are advising British nationals to continue to register their presence in Israel and the Occupied Palestinian Territories, to be contactable with further guidance on these flights. 'The Foreign Secretary will shortly announce that the Government is working with the Israeli authorities to provide charter flights from Tel Aviv airport once airspace reopens.' Foreign Secretary David Lammy said work was under way to provide the flights 'based on levels of demand' from UK citizens when airspace reopens. Land routes out of Israel remain open and British staff are on hand to support UK nationals who have crossed the border, he added. Sir Keir has also urged Donald Trump to step back from military action against Iran after a series of sabre-rattling posts from the US President on his Truth Social platform. The Prime Minister said there is a 'real risk of escalation' in the conflict, adding that there had previously been 'several rounds of discussions with the US' and 'that, to me, is the way to resolve this issue'. Israeli air strikes reached into the city of Rasht on the Caspian Sea early on Friday, Iranian media reported. Since the conflict erupted last week, at least 657 people, including 263 civilians, have been killed in Iran and more than 2,000 wounded, according to a Washington-based Iranian human rights group. Meanwhile, at least 24 people in Israel have been killed and hundreds wounded. It remains unclear whether the UK would join any military action, although there has been speculation that US involvement could require using the British-controlled base on Diego Garcia in the Chagos Islands. The B-2 stealth bombers based there are capable of carrying specialised 'bunker buster' bombs, which could be used against Iran's underground nuclear facility at Fordo. Attorney General Lord Hermer is reported to have raised legal concerns about any British involvement in the conflict beyond defending its allies, which could limit the extent of any support for the US if Mr Trump decides to act militarily. Mr Lammy arrived in Geneva for talks with the Iranian foreign minister and European allies as the UK presses for a diplomatic solution to the conflict. The Foreign Secretary is meeting Abbas Araghchi on Friday alongside his counterparts from France, Germany and the EU as he seeks to negotiate a settlement before Mr Trump decides on whether to take military action against Tehran. In a statement read by his press secretary on Thursday, Mr Trump said there was still 'a substantial chance of negotiations' and said he would make a decision on deploying US forces 'within the next two weeks'. Mr Trump had previously said he 'may' join Israeli strikes against Iran and its nuclear programme, but added: 'I may not do it. I mean, nobody knows what I'm going to do.' Friday's meeting with the so-called E3 countries follows Mr Lammy's visit to Washington, where he met US secretary of state Marco Rubio in the White House on Thursday evening to discuss 'how a deal could avoid a deepening conflict'.
Leader Live
29 minutes ago
- Leader Live
UK readies charter flights out of Tel Aviv as Middle East crisis spirals
Downing Street urged Britons in the region to register their presence with the Foreign Office as the crisis deepens and Prime Minister Sir Keir Starmer called on all sides to reach a diplomatic outcome. Number 10 on Friday morning said that the situation remains 'fast-moving' and would continue to be monitored closely as the Government works with Israeli authorities to ready flights out of Tel Aviv. The situation in the Middle East remains perilous. We are determined that Iran must never have a nuclear weapon. Meeting with @SecRubio and @SteveWitkoff in the White House today, we discussed how a deal could avoid a deepening conflict. A window now exists within the next two… — David Lammy (@DavidLammy) June 19, 2025 A spokesman added: 'We are advising British nationals to continue to register their presence in Israel and the Occupied Palestinian Territories, to be contactable with further guidance on these flights. 'The Foreign Secretary will shortly announce that the Government is working with the Israeli authorities to provide charter flights from Tel Aviv airport once airspace reopens.' Foreign Secretary David Lammy said work was under way to provide the flights 'based on levels of demand' from UK citizens when airspace reopens. Land routes out of Israel remain open and British staff are on hand to support UK nationals who have crossed the border, he added. Sir Keir has also urged Donald Trump to step back from military action against Iran after a series of sabre-rattling posts from the US President on his Truth Social platform. The Prime Minister said there is a 'real risk of escalation' in the conflict, adding that there had previously been 'several rounds of discussions with the US' and 'that, to me, is the way to resolve this issue'. Israeli air strikes reached into the city of Rasht on the Caspian Sea early on Friday, Iranian media reported. Since the conflict erupted last week, at least 657 people, including 263 civilians, have been killed in Iran and more than 2,000 wounded, according to a Washington-based Iranian human rights group. Meanwhile, at least 24 people in Israel have been killed and hundreds wounded. It remains unclear whether the UK would join any military action, although there has been speculation that US involvement could require using the British-controlled base on Diego Garcia in the Chagos Islands. The B-2 stealth bombers based there are capable of carrying specialised 'bunker buster' bombs, which could be used against Iran's underground nuclear facility at Fordo. Attorney General Lord Hermer is reported to have raised legal concerns about any British involvement in the conflict beyond defending its allies, which could limit the extent of any support for the US if Mr Trump decides to act militarily. Mr Lammy arrived in Geneva for talks with the Iranian foreign minister and European allies as the UK presses for a diplomatic solution to the conflict. The Foreign Secretary is meeting Abbas Araghchi on Friday alongside his counterparts from France, Germany and the EU as he seeks to negotiate a settlement before Mr Trump decides on whether to take military action against Tehran. In a statement read by his press secretary on Thursday, Mr Trump said there was still 'a substantial chance of negotiations' and said he would make a decision on deploying US forces 'within the next two weeks'. Mr Trump had previously said he 'may' join Israeli strikes against Iran and its nuclear programme, but added: 'I may not do it. I mean, nobody knows what I'm going to do.' Friday's meeting with the so-called E3 countries follows Mr Lammy's visit to Washington, where he met US secretary of state Marco Rubio in the White House on Thursday evening to discuss 'how a deal could avoid a deepening conflict'.
