Human Rights Act 1998 Immigration 2025-09-15
2025-09-15
TAGS
Response quality
Questions & Answers
Q1
Direct Answer
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Context
The MP questions the balance between human rights protections for illegal migrants and public interest in addressing illegal migration.
What assessment her Department has made of the potential merits of disapplying the Human Rights Act 1998 to immigration matters. Every new appointment comes with an opportunity to take a fresh look at these matters. Clearly, since the 1950s when the refugee convention and the European convention on human rights were first written, the world has changed significantly. Successive Governments have tweaked various bits, working with partners, but does she agree that if we are to stop the small boats that are crossing the channel and illegal migration, the Government will need a more wholesale change?
Clearly the balance between the human rights of illegal migrants and the wider public interest is out of kilter. This Government will legislate to limit the application of article 8 of the European convention on human rights, which covers the right to a family life. This will mean that we can deport and remove more illegal migrants, and we will pursue international reform, too. In my previous role, I was already involved in conversations with other member states of the Council of Europe, and this Government will continue that work.
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Assessment & feedback
Response accuracy
Q2
Partial Answer
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Context
The MP challenges the Home Secretary's approach to human rights legislation, citing an Attorney General's statement that ECHR reform is a 'political trick'. The MP argues for fundamental change.
When it comes to human rights, does she not accept that tinkering around the edges simply will not work? She said in her answer a second ago that she wants to see the ECHR reformed, but her own Government’s Attorney General Lord Hermer said just four days ago that ECHR reform is a “political trick”. Perhaps she and the Attorney General should get themselves on the same page. Given that the Attorney General says that reform is not possible, does she not agree that more fundamental changes are needed? This year has been the worst in history for illegal immigrants crossing the channel—the number is up 38%, compared with last year. Only radical change will fix this mess, so will the Home Secretary back the Conservative plans to completely disapply the Human Rights Act 1998 and ensure that all illegal immigrants are immediately removed upon arrival?
After that performance, I have to confess that I find myself rather missing the shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick). The shadow Minister says that we are tinkering at the edges. He could not be more wrong; we have a proper plan for looking at legislative reform. But tinkering at the edges would have been fantastic under the Conservatives, because their track record is that they did nothing—sod all—in 14 years. Suddenly, they have found their reforming instincts now that they are in opposition.
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Assessment & feedback
The Home Secretary criticizes the previous government's lack of action rather than directly addressing the need for radical change or supporting Conservative plans.
Criticizing The Previous Government
Response accuracy