MP Jonathan Brash says foreign criminals must be deported (Image: Getty)
A Labour MP has urged ministers to ignore the European Convention on Human Rights (ECHR) and deport foreign criminals. Conservatives including Tory leader Kemi Badenoch have previously criticised the convention for preventing the removal of criminals and illegal migrants, but Hartlepool MP Jonathan Brash is thought to be the first Labour parliamentarian to call publicly on the Government to ignore the ECHR when needed.
The MP said: “If that’s a controversial virtual view for anyone, I don’t know what they’re thinking about because quite frankly, if someone is a danger to the public in this country, they should be deported. It’s as simple as that.” It follows cases where illegal migrants and convicted foreign criminals have used human rights laws to avoid being sent back to their home countries – with many citing Article 8 of the ECHR, which protects the right to family life. Mr Brash said the Government should decide that Article 8 rights do not apply when considering the deportation of offenders.
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Home Secretary Yvette Cooper is already looking at ways to stop foreign criminals exploiting the ECHR.
Speaking on GB News, Mr Brash said: “I don’t think it’s a particularly controversial view to say that if our Government wants to deport a foreign criminal, they should be able to.
“The ECHR allows for that in issues of public safety and national security. It’s perfectly legitimate for a government to say Article 8 is not applying here, we are deporting a foreign criminal.
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“If you are a criminal and you are proposing harm to the British people, and you’re not from this country and you’re here illegally, you should be deported.
“It can’t really be much simpler than that, and we have to get to a position where we deliver that. I think reviewing how it’s applied, as has happened in other countries, very successfully is exactly the right thing to do.”
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In one case, an Albanian criminal avoided deportation partly because his son supposedly would not eat foreign chicken nuggets.
An immigration tribunal ruled that under the ECHR it would be “unduly harsh” for the 10-year-old boy to be forced to move to Albania with his father because he was sensitive about food. The example provided to the court was his distaste for the “type of chicken nuggets that are available abroad”.
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Conservatives have previously said the Human Rights Act should no longer apply to immigration decisions.
They are calling for a change in the law that would stop people challenging deportations on human rights grounds in the UK courts. The Human Rights Act incorporates the ECHR into British law.
The ECHR was established in 1950 by countries including the UK. It is not part of the European Union, which means the UK remained a signatory after Brexit.