The Tories are prepared to quit the European Convention on Human Rights (ECHR) if their demands to reform it are rebuffed, James Cleverly has suggested.
Speaking during an election campaign visit in Kent, the Home Secretary said his party would always put the “protection of UK borders” ahead of the “views of a foreign court” as part of its efforts to tackle illegal migration. It leaves the door open for a threat to leave the ECHR to be included in the manifesto.
Mr Cleverley denied that the Conservatives’ plans – which include an annual cap on worker and family visas – were being dictated by Nigel Farage and Reform’s manifesto pledge to freeze “non-essential” migration and withdraw from the ECHR.
It comes amid speculation that Rishi Sunak is considering hardening the Tories’ stance on ECHR membership amid demands by senior Right-wing MPs for Britain to quit the convention in order to stop the small boat crossings of the Channel.
‘We will always choose to defend our borders’
Asked if the party would leave open the possibility of leaving the ECHR if it did not reform, Mr Cleverly said: “We’ve absolutely made the point that the ECHR needs reform and we have driven reform. We’ve already driven reform of the ECHR which demonstrates that it can be done.
“But the Prime Minister has been absolutely clear, I’ve been absolutely clear that our priority is to protect our borders, to defend our nation. If we are presented with a choice between defending ourselves or the views of a foreign court, we will always choose to defend our borders and defend our country.”
Asked again if that meant he was prepared to leave open the door to quitting the ECHR, he said: “The point that the Prime Minister has made consistently, one that I’ve made consistently is when presented with a choice, one of which is about not protecting our borders, and the other is about protecting our borders, we will always choose to protect our borders.”
He said Britain was not the only member country to believe some of the recent decisions by the ECHR were “really wrong and overstepped the remit of the ECHR.”
The European Court of Human Rights’ ruling imposing a duty on Governments to achieve net zero, and its rule 39 injunction blocking deportation flights to Rwanda, have triggered calls from Tory MPs to quit the ECHR.
Reform ‘only wants to grab headlines’
However, Mr Cleverly denied that the party was lurching to the Right in its policies in the election campaign because of the threat from Reform. He said: “Our policies are not dictated by any party.
“The thinking that we’re doing about our immigration policy is based on longstanding conversations I have with the PM. We will be releasing their manifesto soon and our immigration plans and policies on both illegal and legal migration are based on our thoughts and our priorities and the stuff that British people have told us rather than anything that Reform or Nigel Farage might say.
“Because ultimately Nigel Farage and Reform are not going to form a Government. They’re not going to set immigration policy. What they’re looking to do is grab headlines.”
Mr Sunak would face a backlash from the centre-Left One Nation group of Tory MPs if he opted to include a pledge to quit the ECHR or a referendum on membership.
A former Tory Cabinet minister on the Right of the party said the Conservatives should make a commitment to renegotiate the UK’s participation in the ECHR and withdraw if there was no satisfactory outcome.
They said: “I don’t think that the issue lends itself to a referendum. It is highly technical and legalistic and very different from a simple yes/no vote on EU membership.”
A former senior Cabinet minister suggested that the party leadership was so rattled that they could opt for a referendum.
But the MP said: “They should just commit to leaving. The case has been made even stronger by the delays to the Rwanda scheme which has effectively failed due to legal challenges, limitations on bail, the Supreme Court decision, the rule 39 order.
“Politically speaking, it would be better for them to remain silent on the issue if they cannot go as far as Reform on the policy. A review, reform or referendum is just more meaningless talk.”
Some Right-wing MPs fear the measures including the cap are too little, too late. “It’s really tricky. I don’t think they will be rewarded for anything at this point as they’ve lost all credibility. Trust is gone. Nothing they say now will be believed. If they were going to commit to leave the ECHR they needed to roll the pitch for at least 6 months,” a senior Tory said.
William Turner is a seasoned U.K. correspondent with a deep understanding of domestic affairs. With a passion for British politics and culture, he provides insightful analysis and comprehensive coverage of events within the United Kingdom.
