Prime Minister Sir Keir Starmer has said the UK needs to change how international law is interpreted in asylum and deportation cases, arguing that current rulings allow unsuccessful asylum seekers to block removal on grounds such as poor prison or healthcare standards abroad.
Speaking to the BBC, Sir Keir stressed he did not want to “tear down” human rights protections but said courts must apply the law “in the circumstances as they are now”, given the scale of mass migration.
He highlighted Article 3 of the European Convention on Human Rights (ECHR), which prohibits torture and degrading treatment, as an area that may need reinterpretation. He said there was a clear difference between deporting someone to “summary execution” and returning them to a country with weaker prisons or health systems.
Human Rights Conventions Under Scrutiny
Pressed on which rules were obstructing deportations of foreign criminals, the prime minister pointed to Articles 3 and 8 of the ECHR – which protect against torture and guarantee the right to family life – as well as the UN Refugee Convention, Torture Convention and Convention on the Rights of the Child.
He argued that while asylum must remain available for people genuinely fleeing persecution, the UK must act against those exploiting the system.
Legal Experts Push Back
Leading human rights lawyer Shami Chakrabarti rejected the idea that courts block deportations simply because foreign prisons or services are worse than those in Britain.
“To say it’s inhuman and degrading because the situation is worse back home than in the UK has never been the test employed by UK courts,” she told the BBC. She added that such rulings were “very, very rare”.
Labour’s Wider Immigration Agenda
The comments come after Home Secretary Shabana Mahmood set out plans to toughen rules on indefinite leave to remain, requiring migrants to show integration through language skills, clean records and community service.
Labour ministers are already examining how elements of the ECHR could be “clarified” to ensure deportations are not blocked unnecessarily. An immigration white paper in May promised legislation to redefine how the right to family life should apply in such cases.
Political Context: Reform UK and Internal Pressures
Starmer’s remarks follow a Labour conference heavily focused on countering Reform UK, which is leading in some polls. In his keynote speech, he accused Nigel Farage’s party of fuelling the “politics of grievance” and vowed to resist racist rhetoric “with everything we have”.
He also linked the rise in small boat crossings to Brexit, branding them “Farage boats” after the UK lost access to the EU’s Dublin Regulation, which had allowed failed asylum seekers to be returned to other European countries.
At the same time, Starmer has faced pressure inside Labour, with Greater Manchester Mayor Andy Burnham suggesting MPs had urged him to challenge Starmer’s leadership. Responding, the prime minister insisted he had “been underestimated every time” and was determined to “change the country for the better”.
Broader Policy Agenda
In a wide-ranging interview, Starmer also said too many young people were trapped on benefits due to mental health issues, warning that such a path made it “extremely difficult” to find long-term work.
He reiterated his pledge for two-thirds of under-25s to go into higher education or apprenticeships, calling for “gold standard” technical training to be valued equally with university degrees.
And on rising living costs, he said a new UK-EU food standards agreement would help bring down prices, while promising to cut energy bills for households and businesses.
