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The Conversation
The Conversation
Alice Donald, Professor, Middlesex University

Treaties like the ECHR protect everyone in the UK, not just migrants

Reform UK has laid out plans for an “emergency programme” to address illegal immigration. The party argues its plans, which include expanding immigration detention capacity from the current roughly 2,200 places to 24,000, would enable the deportation of up to 600,000 people over a parliamentary term.

The plans would require removing legal protections against mass deportation without due process. Specifically, Reform has called for repealing the Human Rights Act (HRA) 1998 and permanently withdrawing the UK from the European Convention on Human Rights (ECHR). Nigel Farage has also proposed disapplying for five years the 1951 Refugee Convention, the UN Convention against Torture and the Council of Europe anti-trafficking convention, although these treaties do not, in fact, allow for temporary suspension.

Beyond the apparent logistical challenges are serious political repercussions. The Good Friday Agreement requires the rights and freedoms in the ECHR and recourse to the European Court of Human Rights to be part of the law in Northern Ireland. Withdrawing would require a renegotiation of the agreement. A showdown would also ensue with the devolved assemblies in Wales, Scotland and Northern Ireland.

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