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A Lawyer TalksEssential updates on the law from Joshua Rozenberg KC (hon), the UK's most experienced full-time legal commentator. Enemies of the People? is his most recent book. See also: joshuarozenberg.com Author: Joshua Rozenberg
Joshua Rozenberg KC (hon) is Britain's most experienced commentator on the law. This new podcast complements the daily updates he publishes on A Lawyer Writes. rozenberg.substack.com Language: en Genres: Government, News, News Commentary Contact email: Get it Feed URL: Get it iTunes ID: Get it |
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Reform begins at home
Wednesday, 10 September, 2025
This is a free preview of a paid episode. To hear more, visit rozenberg.substack.comLeaving the European Convention on Human Rights would be completely contrary to the UK’s national interests, the attorney general said yesterday.Addressing the House of Lords constitution committee, Lord Hermer KC said withdrawing from the convention — and the 46-nation Council of Europe that administers it — would be entirely counterproductive if we were seeking practical answers to irregular migration.The UK had already signed agreements with France and Germany that would “increasingly have real practical impact in addressing small boat crossings”. But it was “inconceivable that our partners would have entered into those agreements if we were not members of the Council of Europe — if we were not signed up to the European Convention on Human Rights”.Hermer confirmed that the government was looking at how article 8 of the convention, which protects private and family life, was being applied by courts in the UK. He suggested that domestic courts were not keeping up with developments at the human rights court in Strasbourg.That court’s case-law was “very permissive”, he explained:It accords states an enormous margin of appreciation as to what they can do in the asylum and immigration space. And that is something that has developed as the principle of subsidiarity. It has developed particularly over the last five or six years. And I am concerned to ensure that domestically we have kept pace with that.Some of our colleagues on the Council of Europe have, I think, more effective, more robust mechanisms that are compliant with article 8 that we need to look at. And so we are kicking the tyres hard at every level.We’re looking at caseworker guidance. Are they getting it right on Article 8?We're looking at the immigration rules, the body of secondary legislation that governs this. Have they got it right?If we need to, we will look at primary legislation to ensure that we're getting it right.And we are also adopting a very proactive litigation strategy. I when I came in, I was disturbed to learn that often Home Office officials wouldn't attend first-tier tribunal decisions — let alone was there in place what I would consider to be a fit-for-purpose litigation strategy, identifying the points that were important to the government, appealing cases that really should be appealed.So we’re changing all of that…The prime minister has, though, been absolutely crystal clear that we will not be leaving the European Convention on Human Rights. Now there are a number of reasons for that. But at the heart of it is because it would be completely contrary to the national interest of this country were we to do so.Hermer’s argument was that there was no need to seek amendments to the human rights convention. These took too long to implement. The government’s priority was how article 8 was being applied by our own courts. One of the problems was “an enormous backlog in the asylum and immigration system, which we are seeking to address”I discussed Hermer’s comments during a wide-ranging interview yesterday with Sam Townend KC, a former Labour councillor who chaired the Bar Council last year. We also discussed Sir Keir Starmer’’s appointment of a new secretary of state and two new ministers at the Ministry of Justice. And we considered Baroness Harman’s review of bullying, harassment and sexual harassment of barristers, which Townend set up as leader of the profession last year.Speaking to A Lawyer Talks, the former chair of the bar urged caution on replacing some jury trials by a judge and two magistrates. Townend — pictured alongside a paining of Donald Keating QC, a former head oi his chambers — also suggested ways of improving the legal profession’s regulatory structures.My regular podcast series is a bonus for paying subscribers to A Lawyer Writes. Non-subscribers can savour an hors d’oeuvre by clicking the ► symbol above.
