The UK government is engaged in high-stakes internal discussions about a monumental shift in its human rights policy, with senior ministers actively considering withdrawal from the European Convention on Human Rights (ECHR), The Independent can reveal.
This radical proposition, championed by Home Secretary Suella Braverman and Immigration Minister Robert Jenrick, represents the most dramatic post-Brexit constitutional move yet contemplated by ministers. The primary objective is to circumvent legal obstacles that have grounded the government's controversial plan to deport asylum seekers to Rwanda.
The Core Conflict Within Government
According to multiple Whitehall sources, a significant cabinet rift has emerged regarding this extreme measure. While Ms. Braverman and Mr. Jenrick are pushing for immediate preparations to leave the international treaty, more cautious ministers are advocating for a gradual approach.
This faction, believed to include Justice Secretary Alex Chalk and Northern Ireland Secretary Chris Heaton-Harris, prefers pursuing further domestic legislation first. They argue that leaving the ECHR should remain a last resort, not an immediate policy leap.
Why This Drastic Step?
The government's frustration stems from repeated legal setbacks to its flagship immigration policy. The Supreme Court recently dealt a devastating blow to the Rwanda scheme, ruling it unlawful under both the Human Rights Act and international obligations.
Ministers advocating for ECHR withdrawal believe it would:
- Remove the legal basis for blocking deportation flights to Rwanda
- Enable the government to implement the £140 million partnership with Rwanda
- Create a stronger deterrent against Channel crossings
- Restore what they call "parliamentary sovereignty" over border control
The Prime Minister's Delicate Position
Prime Minister Rishi Sunak finds himself navigating this internal turmoil while facing immense pressure from both wings of his party. Having staked his credibility on "stopping the boats," the continued influx of migrants across the Channel represents a significant political vulnerability.
Mr. Sunak has previously described the ECHR as a "valuable" institution, but the practical realities of governing and delivering on key promises have forced a reconsideration of this position.
Broader Implications Beyond Immigration
Leaving the ECHR would have consequences far beyond immigration policy. The convention underpins human rights protections across numerous areas including:
- Privacy and family life protections
- Freedom from torture and inhuman treatment
- Freedom of expression and assembly
- Right to a fair trial
Such a move would also complicate the UK's relationship with the European Union and its standing in the Council of Europe, potentially damaging Britain's international reputation as a human rights advocate.
The coming weeks will prove crucial as the government prepares emergency legislation aimed at designating Rwanda as a safe country, while simultaneously weighing this more nuclear option of complete withdrawal from the European human rights framework.
