A senior Supreme Court judge has called for reforms to the European Convention on Human Rights (ECHR) in light of growing concerns that it is hindering governments from effectively managing migration.
Lord Justice Hodge, the deputy president of the UK’s highest court, has become the first senior judge to publicly suggest that the ECHR established over 70 years ago should be tweaked to reflect the modern realities of migration pressures across Europe.
Speaking to the media he said, “At a personal level, I would feel much more comfortable if we joined an international grouping to say to the Council of Europe, we need to reconsider the terms of the deal struck 70 years ago in the light of current circumstances.’
He emphasized that there is no case for the UK to withdraw from the ECHR entirely, a move supported by Reform UK leader Nigel Farage. Hodge warned such a step would harm Britain’s international standing and align it with countries like Russia, which exited the ECHR in 2022 following its expulsion from the Council of Europe after the invasion of Ukraine.
“It would have serious international repercussions,” he added. “We would be joining some interesting bedfellows.”
Lord Justice Hodge’s intervention is unusual for a sitting judge, especially given the politically charged debate around immigration and the role of courts in deportation cases. His comments come amid pressure from Conservative and Reform UK figures who claim the ECHR has allowed foreign criminals and failed asylum seekers to avoid removal.
Recent cases highlighted have fuelled criticism, such as an Albanian criminal being permitted to stay in the UK because of his child’s dietary preferences, and a Palestinian family entering under a refugee scheme intended for Ukrainians.
The current Home Secretary, Shabana Mahmood, has also criticised what she describes as the UK’s maximalist interpretation of the ECHR, suggesting it overly restricts government action. She is reportedly working on proposals to toughen rules to prevent deportation being blocked in such cases.
While Labour leader Sir Keir Starmer and his Attorney General, Lord Hermer, have ruled out withdrawing from the ECHR, they have indicated a willingness to reform how it is applied. Lord Hermer stated this week that the Government would leave no stone unturned in pursuing legal changes to prevent the ECHR from obstructing deportations.
Prominent Labour figures have also called for significant changes. Former home secretary David Blunkett has urged a temporary suspension of parts of the convention, while Jack Straw has suggested decoupling UK human rights laws from the ECHR framework to facilitate removals.
Conservative frontbencher Kemi Badenoch has indicated her party may adopt a similar stance, though she is awaiting the outcome of a review led by her shadow attorney general, Lord Wolfson, before announcing policy at the upcoming party conference.
Lord Justice Hodge’s remarks may mark a shift toward a broader European consensus on amending the ECHR, as countries grapple with rising public concern over migration.
