Lord Richard Hermer KC addressed the Lords Constitution Committee on the European Convention on Human Rights (ECHR) and dealing with immigration and asylum cases in the UK on Wednesday.
He said the Government “will leave no stone unturned” and on tackling Channel crossings, added: “Nothing sensible or practical or effective will be off the table.”
The Government’s top legal adviser told peers that the use of Article 8 of the ECHR, the right to private and family life, must be looked at in how it is applied in UK courts, as part of a Home Office review.
It comes as Home Secretary Shabana Mahmood said on Monday that the Government would look to bring forward proposals to change domestic legislation and guidance on how the ECHR is implemented in the UK, saying the “balance” between human rights and secure borders “isn’t in the right place at the moment”.
Lord Hermer told the committee Strasbourg case law is very “permissive” and allows states an “enormous margin of appreciation” on what they can do in the asylum and immigration space.
“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,” Lord Hermer said.
“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.
“We are kicking the tyres hard at every level.”
He said this included looking at case worker guidance, immigration rules, primary legislation, and the Government is adopting a “very proactive litigation strategy”.
But Lord Hermer said there should be “no tension” between taking “tough and necessary measures” dealing with immigration, asylum and small boat crossings and emphasising the country has an “extraordinarily diverse multicultural society”.
The senior lawyer said: “I think it behoves us all in our language to be very clear about that, because we have seen in recent weeks some of the dangers when we are not… of our minority communities feeling fear and under threat.
“That’s not this country.
“This country is one that embraces our extraordinary success story of diversity and multiculturalism, and it behoves us all to make plain we’re going to be robust to deal with the problem, but we’re doing it in a British way.”
Elsewhere, he also rejected analysis claiming that the Good Friday Agreement could remain as it is if the UK left the European Convention on Human Rights.
He told the Lords Constitution Committee: “I saw that analysis.
“It’s just wrong.
“As you know, the European Convention is expressly baked in to that agreement.
“We would be in breach of it if we left the Convention.
“That’s the plain legal view.
“I’m sure it would be the view not only held by Ireland, but also by the EU.
“It would do enormous damage to the interests of this country.
“It would be deeply worrying for Northern Ireland.
“But it would be a clear breach of the obligations that we’ve held.”
He said that in order to get around the obligation to send people back overseas who face the risk of death or torture, the UK would also have to leave other international agreements including the Refugee Convention and the Convention on the Rights of the Child.
“We would become, together with Russia and Belarus, in splendid isolation on this planet, which I do not think is in the interests of this country.”
He added the Prime Minister has been “absolutely crystal clear” that the UK will not be leaving the ECHR, adding it would be completely contrary to the national interest to do so.
