Leaving the ECtHR would be 'too far', says Tory colleague

Lord Vaizey says the Convention and the European Court of Justice that interprets it 'denotes something' Photo: Jeff Pugh

Withdrawal from the European Convention on Human Rights (ECHR) would be 'too far', but should be reformed because Strasbourg judges have become 'too active', says former minister.< /p>

Lord Ed Vasey, a fellow Conservative who served as minister of culture under David Cameron, said there was «something rather nasty about European judges preventing elected British politicians from carrying out laws passed by Parliament.»

But he argued that a withdrawal from the ECtHR would not be a «good idea» because the convention and the European Court of Justice that interprets it «mean something.»

The comments come as debate rages within the Conservative Party on what action the Government should take to limit the influence of the court on UK immigration policy.

On Wednesday, The Telegraph reported that Rishi Sunak would face calls from about a third of his cabinet to put withdrawal from the ECtHR at the heart of the next Tory election campaign if the courts blocked migrant flights to Rwanda.

But senior Tories said that ministers should not wait for an election to take action, arguing that the government should pass legislation now to «make clear» that the convention will not apply to migrants who arrive illegally in the UK on small boats. The Supreme Court is due to rule on the legality of the Rwanda plan in the fall.

Should the UK withdraw from the ECtHR?

In an interview with TalkTV, Lord Vasey was asked if he thought leaving the ECtHR was a good idea.

He replied: “I don't think it's a good idea. I think the European Court of Human Rights represents something – and remember that it is much more than just the EU, it is also many other European countries, and it is a symbolic court and also a real court in terms of our commitment to upholding Western European values. on which our own democracy is built.

“I really think that it is perfectly fair to criticize the European Court, I really think that there is an argument that says that it has become too interventionist, too active.

“There is something rather unpleasant in the fact that European judges stop elected British politicians from carrying out laws passed by Parliament on fairly broad and subjective grounds. So I would definitely support calls to reform the European Court of Justice, but I think leaving it is too far.”

Deportation flights to Rwanda have been suspended since last June when the European Court of Human Rights Human Rights Judge granted an 11-hour injunction.

Ministers are confident they will win their case in the Supreme Court, but have been told that the government cannot appeal to the European Court of Justice if they lose, as only individuals may appeal.< /p>

If the government does win Rwanda's case, it is likely that immigration lawyers representing migrants will challenge this decision in Strasbourg.