Keir Starmer edited a 1999 guide on interpreting the Human Rights Act and the European Convention on Human Rights (ECHR), a copy of which was obtained by GB News and published in reporting this week, rekindling debate over legal barriers to deporting people who cross the Channel in small boats.
The book contains a passage in which Starmer described the Human Rights Act as representing "a new way of thinking about law, politics and the relationship between public authorities and individuals," adding: "Its potential is enormous." The passage and the revelation that he worked on such a manual have been cited by critics who argue human rights laws make it harder for the government to remove people who arrive irregularly.
The publication of the manual comes as the attorney general, Lord Hermer, told peers on the Lords Constitution Committee that ministers will "leave no stone unturned" on illegal migration but that the government will not withdraw from the ECHR. "The Prime Minister has been absolutely crystal clear that we will not be leaving the ECHR," Lord Hermer said, arguing that leaving the convention would be "completely contrary to the national interest of this country." He added that the UK would only be able to tackle illegal migration by cooperating with European partners while remaining compliant with the convention.
Lord Hermer also urged a review of how UK courts apply Article 8 of the ECHR, which protects the right to private and family life, saying that the law affords states "an enormous margin of appreciation" in immigration matters. He rejected suggestions that the Good Friday Agreement could be preserved unchanged if the UK abandoned the ECHR, calling such analysis "just wrong."
The attorney general's comments followed sustained political pressure over the government's ability to stop Channel crossings and to remove those refused asylum. Opponents of the current human rights framework say it prevents the Home Office from enforcing removals; supporters of the ECHR warn that quitting would risk international isolation and could expose the UK to criticism for abandoning legal standards on asylum and deportation.
Conservative figures seized on the Starmer-authored passage and Lord Hermer's stance. Nigel Farage, leader of Reform UK, told GB News that "Keir Starmer was a key figure in turning the Human Rights Act and ECHR into the overriding force in British law that it is today." Tory justice spokesman Robert Jenrick said the small boats constituted a "national security emergency" and accused the attorney general of blocking "the bold action needed to fix it," contending that the prime minister could have removed Lord Hermer in a reshuffle if he wanted a different approach.
On the other side of the debate, Lord Hermer and government lawyers have stressed the practical and diplomatic costs of leaving the ECHR. In his committee appearance he said that abandoning the convention to enable deportations of people who might face death or torture overseas would make the UK look like "Russia and Belarus," a comment intended to underscore the human rights and reputational risks.
Meanwhile, former Conservative cabinet minister Suella Braverman, along with ex-Brexit negotiator Lord Frost and Reform deputy leader Richard Tice, is expected to publish a blueprint proposing how the UK could leave the ECHR. Their report, billed as a comprehensive legal, diplomatic and political plan, argues the convention now "frustrate[s] democratic government, override[s] parliamentary intent, and paralyse[s] effective policymaking" on borders and national security and says quitting would allow the UK to restore sovereignty and alter elements of the Belfast/Good Friday Agreement and the Irish Sea arrangements.
The publication of the manual and the attorney general's remarks come against a backdrop of recent tragedies in the Channel and ongoing pressures on the asylum system. French authorities reported that two children were among three people who died after a small boat incident in the English Channel overnight, highlighting the human cost of the crossings and intensifying calls across the political spectrum for effective solutions.
Government ministers have said they are pursuing a range of measures, including a Home Office review of the operation of Article 8, diplomatic work with European partners, and domestic policy changes intended to reduce irregular arrivals. Legal experts note that any significant change to the UK's relationship with the ECHR would carry complex legal, political and treaty implications, and would not in itself remove judicial scrutiny of removal decisions under domestic and international law.
The disclosure about Starmer's earlier work has widened the conversation about how Britain balances its human rights obligations with border control ambitions. The attorney general's insistence that the UK will remain in the ECHR sets the government's present legal boundary, even as rival proposals for withdrawal and reform continue to gain support in some political quarters.
As the debate continues, ministers have told Parliament they will consider reforms and legal strategies aimed at reducing small-boat crossings while maintaining compliance with the ECHR. Lords committee evidence and the forthcoming documents from departure advocates are likely to keep the issue central to political debate in the coming weeks.