Lammy urges European partners to modernise ECHR to tackle illegal migration and secure convention’s future
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Deputy Prime Minister David Lammy - accompanied by Attorney General
- to address Council of Europe's informal Conference of Justice
Ministers in Strasbourg He will call for joint action to
modernise ECHR to empower states to tackle shared illegal migration
and criminal justice challenges and secure the convention's future
Follows UK announcing biggest shake-up of asylum system in nearly
half a century to reward those who contribute and play by the
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Border security and tackling the challenges caused by illegal migration will be at the heart of a meeting between Interior, Justice, and Migration Ministers in Strasbourg today (Wednesday 10 December), which the Deputy Prime Minister David Lammy will attend, accompanied by the Attorney General. The Deputy Prime Minister will call for action to tackle illegal migration across the Continent and secure the future of the European Convention on Human Rights (ECHR). He will reassert the UK's commitment to the ECHR and that pulling out would be a fake solution that would undermine every international agreement we have signed on national and border security but will highlight how it is now the duty of Europe's leaders to join forces, so the Convention can continue to bind us together for years to come. Migration across the continent has created unparalleled challenges that require collective action to prevent ongoing abuse of the system and to crack down on criminal gangs profiting from human misery. To retain public confidence, the ECHR must evolve to face modern challenges – a view also reiterated publicly be the Secretary General of the Council of Europe. The Government will bring forward legislation to set out how Article 8 of the ECHR (right to a private and family life) should operate in the UK in relation to immigration rules, rebalancing public interest tests in favour of the British people's expectations. The UK is also looking at how we interpret Article 3 is applied in cases regarding inhuman or degrading treatment, for example in respect of prison conditions or access to healthcare, so it is limited to the most serious forms of ill-treatment, in the case of removals, deportations, or extradition. The UK cannot address this issue alone, and Europe must come together to tackle international challenges caused by global migration – including by sharing intelligence and evidence. We are safer and stronger when we work with international partners– and as the UK was fundamental to the forming of the ECHR, it is right that we ensure it can adapt to today's challenges. The Deputy Prime Minister is expected to say: “We must strike a careful balance between individual rights and the public's interest, otherwise, we risk a loss of confidence in the Convention, and in human rights themselves. “The definition of ‘family life' can't be stretched to prevent the removal of people with no right to remain in the country… “The threshold of ‘inhuman and degrading treatment' must be constrained to the most serious issues … “And States must be able to take proportionate decisions on the removal of foreign criminals, so that we renew the Convention's democratic foundation.” This Government is already pursuing reforms to reduce pull factors for illegal immigration, deter small boat crossings, combat exploitation, and restore confidence in the system – while ensuring there are safe and legal routes for those in need and that contribution to the UK is rewarded over time. This includes work to ensure Parliament retains control over who gets to stay in this country through new laws to tighten the application of Article 8 and working with like-minded countries to review the scope and interpretation of Article 3. We intend to set out our concerns on the application of the ECHR in extradition, deportation, and migration cases and how it needs to adapt to meet modern-day challenges. These reforms will support us in being able to extradite, remove, or deport more foreign offenders. This will build on work already done domestically to increase such removals. Nearly 50,000 failed asylum seekers, Foreign National Offenders and immigration offenders have been returned between July 2024 and October 2025 - 23% higher than the last 16 months of the previous Government. We are also changing the law in the UK so, for the first time ever, foreign criminals can be deported as soon as they are sentenced. The DPM will say the UK is: “...committed to the European Convention on Human Rights. The Convention is a critical foundation of peace, stability, and security in Europe. It is a mechanism for justice, that guarantees and delivers everyday protections for every citizen in Europe. “However, the Convention was never intended to be frozen in time… it has endured because it has evolved.” ECHR rights are fundamental British rights – the Convention sits at the heart of the Council of Europe, the organisation founded by Churchill, which binds 46 states together to promote democracy, human rights, and the rule of law. By getting broad agreement from international partners around these proposals we can ensure the ECHR keeps pace with modern challenges and secures its long-term future. This is about making our collective voice heard and addressing how we implement international legal frameworks like the ECHR. Simply pulling out would harm Britain more than it helps us – the Convention is central to ensuring security, stability and growth across the continent and would put the UK in a club with only two other members – Russia and Belarus. The DPM will add: “The interpretation of the Convention must not stop States effectively tackling our shared migration and criminal justice challenges. “We must deliver national security and public safety, applying the Convention in accordance with the principle of subsidiary and the margin of appreciation.” It follows sweeping immigration reforms announced by the government last month, which will reduce incentives that pull illegal migrants to the UK and ramp up removals of those with no right to be here. This includes expecting refugees to return to their country of origin once it is considered safe to do so. Returns will resume to countries where such processes have recently been paused. And the asylum appeals system will be reformed to fast-track the deportation of dangerous criminals and cases with little prospect of success while ensuring settlement in this country is rooted in contribution and integration. ENDS NOTES TO EDITORS:
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