Labour will overhaul human rights laws to make it easier to deport foreign criminals and small boat migrants as part of a major immigration crackdown.
Under sweeping reforms unveiled by the home secretary, the government will attempt to change the way the European Convention on Human Rights is interpreted by UK judges in a bid to stop asylum seekers using their rights to a family life to avoid deportation.
Home Office officials have claimed the ECHR “is allowing large numbers of people to stay in the UK, against the public’s wishes”, and that new legislation will allow Britain to ramp up the number of removals.
The radical measures are part of much-publicised reform of the asylum system, billed by the government as “the most sweeping reforms in modern times”, as Labour looks to see off the threat of Reform UK and Nigel Farage.
But critics have hit out at the proposals, warning any move to alter how the UK interprets the rules will drive asylum seekers underground and leave them vulnerable to exploitation.
Prime minister Sir Keir Starmer and home secretary Shabana Mahmood (Phil Noble/PA) (PA Wire)
Sile Reynolds, the head of asylum advocacy at Freedom from Torture, said the changes “will punish people who’ve already lost everything”, adding: “Either we all have human rights, or none of us do.”
The measures could also spark discontent on the backbenches, with one Labour MP accusing the party leadership of “chasing Reform”. They told The Independent: “The dehumanisation of people in desperation is the antithesis of what the Labour Party is about.”
Announcing the changes, Sir Keir Starmer, a former human rights lawyer, said they will “block endless appeals” and “stop last minute claims”.
He said: “Britain has always been a fair, tolerant and compassionate country – and this government will always defend those values.
“But, in a more volatile world, people need to know our borders are secure and rules are enforced.
“These reforms will block endless appeals, stop last minute claims and scale up removals of those with no right to be here.”
Shabana Mahmood will set out plans to rewrite how Britain grants refuge to those fleeing conflict and upheaval on Monday, drawing heavily on ideas used in Denmark, where Home Office officials were dispatched last month to study its border control and asylum policies.
Ms Mahmood will unveil the measures on Monday (Stefan Rousseau/PA) (PA Wire)
Under the proposed changes, ministers want to bring forward a Bill to change how Article 8 of the ECHR – the right to a family life – is interpreted by judges in migrant court cases a bid to stop migrants “gaming the system” and to “rebalance public interest tests in favour of the British people’s expectations”.
The home secretary also wants to tighten up rules on family connections so that only those with immediate family in the UK, such as a parent or child, will be able to use Article 8 as grounds to stay in future.
Rules will also be updated to change modern slavery laws, which officials claim are being abused by “bogus” claims, while the appeals process will be updated to restrict illegal migrants to a single route of appeal to stop them “chancing their arm with challenge after challenge”.
The UK will also be working on further reform around Article 3, which relates to the prohibition of torture. Officials have claimed the definition of inhuman and degrading treatment “has expanded too far”, citing cases where serious criminals have remained in the UK after claims their healthcare needs could not be met in their homeland.
Ms Mahmood teased the changes on Sunday, telling Sky News that ministers want to “constrain in legislation the way that that is applied in immigration cases”, when it comes to Article 8.
She said it is the “right thing to do, because we’ve seen an expansion of the way that that right is applied in a way that is designed to frustrate the removal of those that, under our immigration rules, would not have the right to be in this country”.
But the Refugee Council, a charity advocating on behalf of refugees, warned that watering down these laws risks chaos and will drive desperate people underground, leaving them prone to exploitation.
Following the home secretary’s comments on Sunday morning, Enver Solomon, the charity’s chief executive said: “After the horrors of the Second World War, Britain helped draft the European Convention on Human Rights as part of our collective vow of ‘never again’. Its purpose was to protect all of us from atrocities and ensure people who come to our country seeking safety get a fair chance to apply for asylum.”
He described the UK’s legal system as “the difference between life and death for many” and added: “The government has a choice to make: we can build a fair and compassionate asylum system that determines who qualifies for protection and who does not. Or we can water down laws that protect us all and risk chaos: desperate people would still arrive on our shores, but be driven underground and left vulnerable to exploitation and abuse.”
Ms Reynolds accused political parties of being in a “race to the bottom – trying to outdo one another in cruelty towards refugees”.
She said: “Every day we see the trauma of people who have survived torture in countries like Syria, Eritrea and Sudan for standing up for the same freedoms we cherish in Britain. Instead of offering safety, political parties are locked in a race to the bottom – trying to outdo one another in cruelty towards refugees.
“These proposals will punish people who’ve already lost everything, cutting them off from safety and hope. But either we all have human rights, or none of us do.
“Stripping away protections that prevent people being sent back to their torturers is not who we are as a country. This is a cynical attempt to scapegoat vulnerable people to win political points. We can and must do better.”
Tory leader Kemi Badenoch has said it is “welcome that Shabana Mahmood is finally talking seriously about tackling illegal migration”, but added: “As we saw with Keir Starmer’s lamentable U-turn on modest welfare cuts, the prime minister always folds in the face of opposition from his left-wing backbenchers.
“If the home secretary actually wants to cut illegal immigration, she should take up my offer to sit down with her and work on a plan that will actually stop the boats, rather than a few weak changes that will meet the approval of Labour MPs.”
Other changes expected as part of the raft of measures are the removal of the automatic right to housing and financial support for asylum seekers, and changes to refugee status which will make it temporary and subject to review every two-and-a-half years. Those who arrive in the UK via means such as a small boat or lorry also face a 20-year wait to stay in the country permanently.
Elsewhere, AI facial age estimate tech will be rolled out to identify migrants’ age in a bid to find out whether those claiming to be children really are.