Examining the Impact of Article 8
A review of loopholes in the European Convention on Human Rights could make it more challenging for foreign criminals and failed asylum seekers to avoid deportation. The Home Office is investigating how judges interpret Article 8 of the ECHR, known as the "right to a family life," which has been used to block deportations.
Proposed Changes and Reactions
The move signifies a change for Sir Keir Starmer, a long-time supporter of the ECHR, who has previously championed the court's role in UK law. A Whitehall source mentioned the need to prevent exploitation of Article 8, citing cases where foreign criminals and individuals misused the provision to avoid removal.
Exploring Legal Solutions
Officials are now considering whether UK courts are too lenient and exploring options to tighten regulations by introducing new guidelines or amending laws to expedite deportations and address asylum claims. This potential shift aligns with other countries that have taken steps to close similar loopholes.
Government's Stance and Future Steps
Downing Street emphasized the importance of parliamentary involvement in rule-making and government policy decisions. The Home Secretary is reviewing the application of Article 8 in the immigration system, with further details expected to be released soon.
Political Response and Calls for Change
Notably, Sir Keir Starmer's shift on ECHR support contrasts with recent statements by Tory chief Kemi Badenoch, who suggested restricting migrants from using human rights laws to challenge deportation orders in British courts.
