Writing in The Times, 29/08/25, Fraser Nelson claims that leaving the ECHR won’t fix the asylum crisis.
Summary
- Legal mission creep has distorted UK law: The Human Rights Act originally asked courts to “take into account” Strasbourg rulings, but over time UK law began mirroring them too strictly.
- The real legal barrier is the Refugee Convention: It obliges Britain to accept anyone with a “well-founded fear of persecution”—a definition now applicable to millions globally.
- ECHR has minimal impact on deportations: Only 2.5% of successful appeals over five years cited the ECHR, and just 13 cases have been overturned by Strasbourg since 1980.
- Parliament holds ultimate legal power: Judges remind ministers that UK law is made by Parliament, which can override court decisions by passing new legislation.
- Politicians fear using their full legal authority: Many have offloaded responsibility to courts to avoid blame, but Brexit removed that excuse.
- Calls for reform now come from legal heavyweights: Figures like Lord Sumption, Jack Straw, and Ken Macdonald argue the asylum system is collapsing under outdated treaties.
- New laws—not international withdrawals—are needed: Reforming domestic legislation is the key to regaining control, not abandoning human rights frameworks.
- Starmer faces a pivotal moment: With a strong majority and legal expertise, he has the power to lead meaningful reform—if he chooses to act.