Radical overhaul of ECHR gets green light as major shake-up set to allow Britain to deport foreign criminals

Prime Minister Sir Keir Starmer has long advocated for reforming the ECHR, as opposed to outrightly leaving it behind, a move pushed by his political foes Kemi Badenoch and Nigel Farage.

He wants to rescue the treaty and make it “evolve and reflect the challenges of the 21st century” - warning that if it does not, “populists will win”.

The PM dispatched two of his closest allies to Strasbourg today for showdown talks with officials from across Europe.

David Lammy and Lord Hermer, the Attorney General, were trusted with representing Britain in urgent talks on the controversial treaty.

In a joint article with his Danish counterpart Mette Frederiksen in The Guardian, Sir Keir pledged that migration "must be orderly, managed and sustainable".

They said they would "act", not "exploit these issues and stoke grievances as some do".

The pair continued: "Together, we are calling on our friends across Europe to go further in tackling these shared challenges.

"Europe has faced big tests before and we have overcome them by acting together. Now we must do so again. Otherwise, the forces that seek to divide us will grow stronger.

"So our message is this: as responsible, progressive Governments we will deliver the change that people are crying out for. We will control our borders to protect our democracies - and make our nations stronger than ever in the years to come."

Mr Lammy is advocating for changes to Article 3 in a bid to make deportation from Britain easier.

A declaration, signed by some 27 European governments including Britain, demands the convention not be used to prevent deportations of foreign criminals.

It demands an overhaul to stop ECHR rules from being used to block deportations.

The treaty is also blamed for stifling talks between nations about “innovative” return agreements.

Alain Berset, the secretary-general of the Council of Europe, stressed the need for the convention to “adapt” to modern migration pressures.

The ECHR is responsible for many botched deportation attempts, most notably the first Rwanda flight in 2022.

European human rights judges stepped in to make an 11th-hour intervention, overruling the UK Supreme Court’s rejection of a plea made by one of the asylum seekers to remove him from the flight.

The remaining six migrants facing deportation managed to secure similar injunctions meaning the charter flight never made it off the RAF Boscombe Down tarmac.

Mr Lammy is hopeful such instances can be avoided in the future following showdown talks with ministers across Europe.

He told them: “We must strike a careful balance between individual rights and the public’s interest, otherwise, we risk a loss of confidence in the convention, and in human rights themselves.”

Along with promising noises on the deportation of foreign criminals, the communiqué issued by the Council of Europe opens the door to significant changes in a raft of other areas.

Other points of note include: "The scope of 'inhuman and degrading treatment' under Article 3, which is an absolute right, should be constrained to the most serious issues in a manner which does not prevent State Parties from taking proportionate decisions on the expulsion of foreign criminals, or in removal or extradition cases, including in cases raising issues concerning healthcare and prison conditions."

"A State Party should not be prevented from entering into cooperation with third countries regarding asylum and return procedures, once the human rights of irregular migrants are preserved.

"Decision-making in migration cases: A State Party should not be prevented from applying clear rules and processes to facilitate timely decisions under Article 8 that can then be enforced, and which reflect the appropriate balance between the individual’s rights and the public interest."

The development will be viewed as a big step forward for a Labour Government under significant pressure to fix Britain's migrant crisis.

In September, Labour unveiled a raft of changes which it hopes will contribute to ending the use of asylum hotels, a target they pledged to hit by the end of this parliament.

The Government says actions to strengthen border security, increase returns and overhaul the asylum system will mean “much stronger foundations are in place so we can fix the chaos we inherited and end costly asylum hotels”.

In September, Labour unveiled a raft of measures it believes will help end the use of asylum hotels — a target the party has pledged to meet by the end of this Parliament.

The Government says plans to strengthen border security, increase returns, and overhaul the asylum system will put “much stronger foundations in place so we can fix the chaos we inherited and end costly asylum hotels.”

However, Reform and the Conservatives argue that without leaving the ECHR, Labour’s promises will ultimately ring hollow. They claim the UK will remain unable to deport certain individuals or introduce tougher measures to deter small boat crossings across the Channel.