European ministers back ECHR plan to tackle illegal migration

European countries including the UK have agreed to negotiate a new approach to the continent's main human rights treaty, in a bid to make it easier to deport illegal migrants.

It follows a meeting of justice ministers in Strasbourg, following calls from some countries to revamp the European Convention on Human Rights (ECHR) for the modern age.

The 46 nations that are part of the convention will now work towards adopting a "political declaration" on the issue at a summit next May.

It follows political pressure on the issue - including the Conservatives and Reform UK, who are calling for a complete British withdrawal from the treaty.

Sir Keir Starmer's Labour government has rejected that approach, calling instead for changes to how the ECHR works in practice, including how it is interpreted by judges in British courts.

Membership of the ECHR has emerged as a key dividing line in debates over small boat crossings in the English Channel. Critics of the treaty argue an easier process for returning failed refugees would put deter people from making the journey.

In a joint article, external with Danish leader Mette Frederiksen ahead of Wednesday's meeting, Sir Keir argued that urgent changes are needed to defeat "the forces of hate and division" across Europe.

Speaking after Wednesday's meeting, Alain Berset, the head of the Council of Europe, which oversees the convention, said signatory countries were not currently calling for the treaty itself to be rewritten.

"It was the start of a process, on a consensus basis, because it is the only way to make some progress," he told a news conference.

He added that previous political declarations had allowed countries to "deliver" on common challenges, whilst adding he did not want to predict "what exactly will happen" in the run-up to May's summit.

"Let us start doing a good job, and then we will see what it means as a conclusion," he told reporters.

If such a political declaration were achieved, it could be one of the most important reforms to how human rights law is applied in the 75-year history of the convention.

However, the detail of what is agreed will be crucial, along with the practical effect that it has on migration cases across Europe.

Labour has already announced plans to restrict asylum seekers using the "right to family life" clause in the ECHR to avoid deportation from the UK.

Critics say the ECHR is getting in the way of removing more illegal migrants, while supporters say claims about the ECHR's role in migration cases are exaggerated.

The talks in Strasbourg covered the convention's Article 8, which protects the right to family life, and Article 3, the ban on inhumane treatment, which critics have argued make it harder to deport certain migrants.

In a joint statement, 27 ECHR countries, including the UK, said they wanted the concept of inhumane treatment to be "constrained to the most serious issues" so that states can make "proportionate" decisions to remove foreign criminals.

They added that they also want to see the right to family life amended so that foreign criminals' social, cultural, and family ties are afforded "less weight" during removals decisions.

Wednesday's meeting followed pressure from nine members of the Council of Europe, led by Italy and Denmark, calling for reform in a letter in May.

The UK did not sign that open letter - but it has been lobbying behind the scenes for talks on reforms.

Membership of the convention has become increasingly contentious in the UK in recent years.

Labour's already-announced domestic plan includes legislating to restrict how the right to private and family life applies in removal cases.

But both the Conservatives and Reform UK have said they would leave it if they won the next election.

Kemi Badenoch has said leaving would not be a "silver bullet" but was a necessary step to "protect our borders, our veterans and our citizens".

Liberal Democrat leader Sir Ed Davey said he would oppose such a move saying the convention "upholds our freedom" and would "do nothing to stop the boats or fix our broken immigration system".

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