The ECHR reform UK drive has found an unexpected advocate in Prime Minister Keir Starmer. A former human rights barrister, Starmer stands apart from typical critics of the Strasbourg court, often hailing from the political right.
Justice Secretary Shabana Mahmood will appear before the Council of Europe’s Committee of Ministers in Strasbourg, advocating changes to Article 8 of the European Convention on Human Rights.
“If a foreign national commits a serious crime, they should expect to be removed from the country,” she is expected to tell ambassadors. “The European Convention on Human Rights is one of the great achievements of postwar politics. It has endured because it has evolved. Now, it must do so again.”
Labour ministers face intensifying demands to address illegal migration, particularly the issue of small boats crossing the Channel. A senior minister warned, “We don’t want this to become the next Brexit where we ignore the issue for years and then the country votes Leave again.”
With both the Conservatives and Reform UK pledging more radical changes, Starmer is under pressure to preemptively present Labour’s approach to ECHR reform.
Alain Berset, head of the Council of Europe, cautioned against undermining the convention. “I am not calling for reform of the European Convention on Human Rights, nor do I support any effort that would weaken it. It should never be used as a scapegoat in domestic political debates,” he said.
Starmer’s government aims to modernise the treaty rather than discard it. By focusing on practical amendments to articles like 8 and 3, Labour seeks to balance national interest with human rights principles.
Attorney General Richard Hermer, a close ally of Starmer, recently stated, “British leadership to strengthen and reform the international rules-based system is both the right thing to do and the only truly realistic choice.”
The first five months of 2025 have seen record numbers of Channel crossings. Red Wall MPs, representing former Labour strongholds, are pushing for urgent action. One MP said, “If in 2028 we’re still talking about this we’re all going to lose our seats.”
Some suggest bypassing Strasbourg rulings temporarily while longer-term reforms are pursued to manage the asylum system more effectively.
Labour MPs Jake Richards and Dan Tomlinson have called on Starmer to take the lead or risk surrendering the debate to the “populist right”. “The government should offer serious and practical changes to see off this threat and deliver for the British people,” they wrote.
The UK, a founding signatory of the ECHR, led successful reform efforts in 2012. Starmer’s government may seek a similar path, rallying member states or pursuing legal challenges to evolve the treaty.
Starmer’s legal credentials give him a unique platform. “He won’t thank me for saying it but literally no one is better placed or more respected in legal circles to do a long overdue reform,” said Jeremy Hunt, former Conservative foreign secretary.
Home Secretary Yvette Cooper has commissioned a new review into how Article 3 impacts extradition when concerns over foreign prison conditions are raised.
