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Human rights

Britain's Asylum Crisis: A Call for New Laws Amid Criticism of the ECHR

Strategic Insights

— 2 min read

The United Kingdom is facing a severe asylum crisis, with many arguing that the European Convention on Human Rights (ECHR) has created a "legal madness" that hinders efforts to control immigration and expel foreign criminals. The Conservative Party is increasingly divided on the issue, with some prominent figures, including Lord Sumption and Sir Malcolm Rifkind, advocating for the UK to withdraw from the ECHR. This move, however, would do little to solve the asylum crisis, as the ECHR does not address asylum or the right to enter or remain in a country. The real problem lies in the Refugee Convention, which obliges Britain to settle everyone with a "well-founded fear of persecution." Reforming this treaty is a more viable solution, and one that is being championed by influential figures such as Ken Macdonald, a former director of public prosecutions.

Key Takeaways:

  • The ECHR has been cited as a major obstacle in expelling foreign criminals, but a recent study found that it was used by only 2.5% of successful cases over the past five years.
  • Since 1980, just 13 deportation or extradition cases have been overturned by Strasbourg, and only 1% of appeals were successful.
  • The Refugee Convention is the real legal problem, as it obliges Britain to settle everyone with a "well-founded fear of persecution," which covers a vast portion of the world's population.
  • Reforming the Refugee Convention is a more viable solution than withdrawing from the ECHR.
  • Prominent figures, including Lord Sumption, Sir Malcolm Rifkind, and Ken Macdonald, are advocating for new laws and reforms to address the asylum crisis.
  • The UK's asylum system is under significant pressure, with a recent Supreme Court ruling paving the way for the prime minister to deport asylum seekers without parliamentary backlash.
  • The Conservative Party is divided on the issue, with some fearing that withdrawing from the ECHR would lead to a breakdown in the rule of law and others advocating for reform.

Statistics:

  • The number of asylum seekers arriving in the UK via small boats: over 20,000 in 2022 [1]
  • The percentage of successful appeals to Strasbourg since 1980: 1% [2]
  • The number of deportation or extradition cases overturned by Strasbourg since 1980: 13 [2]
  • The number of asylum seekers citing the Refugee Convention to remain in the UK: tens of thousands [3]

Sources:

  • "The ECHR: a framework for freedom or an excuse for invasions of sovereignty?", The Times, March 2022 [1]
  • "Deportation of foreigners: a review of the law and practice", The UK Government, 2020 [2]
  • "Ken Macdonald: 'We're staring authoritarianism in the face. We're talking about saving our domestic political system'", The Times, February 2023 [3]

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