A bombshell new report has debunked a series of widely held myths about the European Convention on Human Rights (ECHR) — myths that, according to its author, have facilitated the Strasbourg court's subversion of British sovereignty.
The findings are expected to amplify calls from arch-Brexiteers to leave the ECHR.
The paper, analysed by Facts4EU in conjunction with Stand for Our Sovereignty and shared exclusively with GB News, was written by Rt Hon Lord Peter Lilley.
The former Cabinet Minister under both Margaret Thatcher and John Major published his report alongside a speech he delivered on Wednesday that likely infuriated Sir Keir Starmer and his Attorney General, Lord Hermer, both of whom are proponents of keeping the UK within the court's jurisdiction.
The damning report showed the hold the ECHR has on the UK
GETTYThe creation myth
In his accompanying report, Lord Lilley busts what he dubs the "creation myth" - the notion that the ECHR is a British invention.
As he explains, since day one, multiple prime ministers have considered abandoning the convention.
Ex-Labour titan Clement Attlee reluctantly ratified the ECHR, on the condition that it would have no jurisdiction in the UK.
Britons were not allowed to access the court and refused to conform to its laws - a position upheld by Winston Churchill and his Tory successors.
Leading ministers from Tony Blair, Jack Straw and John Reid to David Cameron, Theresa May and Rishi Sunak have since considered leaving the ECHR.
What else does the report state?
The impact of the convention would have been minor if it codified British rights; however, as Lord Lilley points out, the Strasbourg Court has found the UK to be in violation of the convention on multiple occasions.
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The French did not let their citizens petition for decades
Despite being signed in 1950 and coming into force in 1953, France did not allow its citizens to petition the court until 1981, 28 years after being in the convention.
The French did not ratify the ECHR until 1974, 21 years after it came into effect.
However, the ECHR causes more problems across the Channel, Lord Lilley claims, as the UK looks to its Parliament to make the laws (and amend them if the courts interpret or develop them in ways that do not reflect Parliament's intentions or public values), whereas the EU courts' judgement must be applied unilaterally.
An international court creating new laws and then ordering countries to enact them should be anathema to a free and democratic society like the UK, the report says.
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farage echr starmer
The UK would not breach the Good Friday Agreement or the Trade and Cooperation Agreement
Arch-remainers insist that the UK Government would be in breach of the Good Friday Agreement if it withdrew from ECHR.
The report rebuts this claim, outlining how Britain can withdraw from the ECHR while remaining in the Council of Europe, upholding the Good Friday/Belfast Agreement and complying with the Trade and Cooperation Agreement with the EU.
The UK would need to continue to enshrine in Northern Ireland law the rights defined in ECHR, the report claims.
For the rest of the UK, if the Human Rights Act is retained, it could be revised to enable UK courts to rule on ministerial decisions and secondary legislation, including that of devolved administrations, but not to rule on primary legislation, the research paper states.
The argument follows that Britain would be in the same position as other common law countries such as Australia and Canada, which maintain the highest standards of human rights and freedoms without adherence to an international court.
The assertion that the UK would end up like pariah states such as Russia and Belarus is patently false, the report concludes.
Does the public agree?
GB News readers are overwhelmingly in favour of leaving the ECHR.
In the exclusive poll for the People's Channel, an overwhelming majority (99 per cent) of the 3,902 voters think Britain should leave the ECHR, while just 1 per cent disagree.
Nigel Farage has vowed that, if elected prime minister, his first act in office would be to withdraw the UK from the European Convention on Human Rights (ECHR).
The Reform UK leader argued that such a move would empower ministers to tackle illegal migration more effectively.
He claimed that “three-quarters of the country would cheer to the rafters” if Britain exited the treaty.
Asked whether he would seek to repeal any laws immediately upon entering Number 10, Farage replied: “Well, the first thing we have to do is get rid of the ECHR.”
You can read Lord Lilley's full report here.
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