Today, [Friday 6th June 2025] MP, Leader of the
Conservative Party, will give a major speech on lawfare.
In her speech, is expected to
say:
“I have always been clear, that if our national interest means
that we need to leave the ECHR we will leave.
But I say that not because of any particular obsession with
international law or with our treaty arrangements. I say that
because for me, the most important thing is making our country
safer, richer and fairer.
….
One area where things really needs to change is on immigration.
Since last year, my party has been taking a new approach on
immigration. A strict numerical cap. Zero tolerance on foreign
offenders. A Deportation Bill to remove those who should not be
here.
And the more we build our policy programme, the clearer it seems
that to achieve our objectives we will need to leave the
ECHR in its current form. I have thought long and hard
about this, and I am increasingly of the view that we will need
to leave, because I am yet to see a clear and coherent route to
change within our current legal structures.
Some say reform is the answer, but I say we have tried
that before. 15 years ago, the Brighton Process achieved some
success, but the Strasbourg Court has shown no real interest in
fundamental change. It has rebuffed those European states calling
for a new approach, and in its recent decisions – above on all
climate change – it has shown ever greater willingness to invent
new rights and directly overrule popular mandates.
But I won't commit my Party to leaving the ECHR or other treaties
without a clear plan to do so and without a full understanding of
all the consequences for all parts of our United Kingdom. Because
we saw that holding a referendum without a plan to get Brexit
done, led to years of wrangling and endless arguments until it
got sorted in 2019. We cannot go through that again.
….
We must fix our broken asylum system, so that the British
government, not people traffickers control it. That means a total
end to asylum claims in this country by illegal immigrants and
removing immediately all those who arrive illegally and try to
claim asylum.
We need a new, sustainable system to admit strictly controlled
numbers of those in genuine and actual need - with Parliament
having the final say on, not just the rules, but the exact
numbers coming in.
…..
So I've asked KC, the shadow Attorney
General, to lead this work. He'll be joined by some of the
sharpest legal minds in the country. They will work fast. They
will be forensic.
Five simple tests. Common-sense questions to see
whether our laws still allow us to govern effectively:
-
The Deportation Test: Can we take back control of
our asylum system? So Parliament — not international
courts — decides who comes here and who stays. Can
we lawfully remove foreign criminals and illegal
migrants to their home country or elsewhere — even if they have
family here or claim they could be at risk if sent home?
-
The Veterans Test: Can we stop our
veterans being endlessly pursued by vexatious legal attacks?
And can we make sure our military can fight a future war
without one hand tied behind their backs?
-
The Fairness Test: Can we put British citizens
first in social housing and in receiving scarce public
services, because we believe charity begins at home and those
who have paid in should come first, especially when resources
are limited.
-
The Justice Test: Can we make sure that
prison sentences actually reflect Parliament's intentions? Can
we stop the disruptive protests which block roads or emergency
services without being told it's
‘disproportionate.'
-
The Prosperity Test: Can we prevent
courts pretending climate change is a human right? And how can
we make sure we can prevent endless legal challenges for our
infrastructure projects so we can actually get things built and
control our planning system?
These are not extreme demands. They are basic tests of whether we
are still a sovereign nation — able to make our own laws and
govern ourselves. If the Commission makes clear that these tests
cannot be passed under the current system, then the system must
change. If international treaties, including the European
Convention block us and there is no realistic prospect of
changing them then, we leave them. No hesitation. No apology.
At Party Conference we will report back whether or not we are
leaving the ECHR. And we will start to set out our plans.
Because British democracy means that the people – through
Parliament – make the rules. Not lawyers. Not campaigners. And
not courts in Strasbourg.”
