Andrew Tettenborn

Andrew Tettenborn is a professor of law at Swansea Law School

Labour is going to have to leave the ECHR

The Home Secretary’s extension of the list of countries covered by the ‘deport now, appeal later’ scheme for foreign criminals, announced this morning, doesn’t actually add to the number of undesirables that we can deport. But it could lubricate the process of getting rid of them. Barring a Damascene conversion of the Strasbourg court, something pretty inconceivable, withdrawal is fast becoming not only an option, but the only option For criminals from the new countries just added, which include a number of African and Asian states, India, Canada and Australia, it means that once the Home Secretary rejects an objection based on human rights grounds, physical removal can be automatic. The deportee can still appeal, but any appeal has to be pursued from abroad.

Starmer will regret his ‘one in, one out’ migrant deal

Today the much-vaunted 'one in, one out' agreement over returning small boat migrants to France officially comes into effect. Keir Starmer, as you might expect, has announced with an air of quiet satisfaction that repatriation can now start in earnest and implied that the Channel-sized hole in Britain’s borders is well on the way to being stopped up.  If only. Well before any removal flight disappears into the clouds covering the UK, the government’s plan to make us cast aside our worries about immigration is fast unravelling. Even the embattled Home Secretary Yvette Cooper, desperate to cast herself as a migration tough girl for the benefit of the white van man, has refused point-blank to put a figure on the number of illegals we can actually expect to get rid of as a result.

Starmer must not kotow to the ICJ on climate change

Last week, 15 judges from the International Court of Justice at the Vredespaleis in the Hague, at the request of the UN General Assembly, pronounced solemnly on climate change. Every state, they said, owed duties in international law to take all reasonable measures to suppress climate change; duties, they added, which included exercising control over the activities of private companies. Furthermore, they went on, any state that had broken that duty faced potential claims for compensation from any other state that had suffered damage. Environmental activists went wild.

Kemi has fallen into the Islamophobia trap

Kemi Badenoch this weekend waded into the Islamophobia debate. In a public letter to Keir Starmer she urged the government to suspend the operations of its working group looking for a semi-official definition of Islamophobia. Unfortunately she then rather spoilt the effect by suggesting that the group needed to be supplemented by representatives of grooming gang victims, counter-terror experts and free speech activists. You can see why she did this. Nevertheless it could prove a bad miscalculation, and a missed opportunity to land a serious blow on Keir Starmer. Her message clearly comes across as an acceptance of the existence of the working group and a preparedness to work with it The government is certainly vulnerable here.

What Suella Braverman’s plan for quitting the ECHR gets right

This morning’s paper on leaving the ECHR from Suella Braverman and the Prosperity Institute doesn’t say much that hasn’t been said somewhere before. It reiterates the fairly obvious political case for a UK ECHR exit. It talks about the erosion of sovereignty over immigration, policing and vast swathes of social policy; the baneful 'living instrument' doctrine that means we have now effectively given a blank cheque to a self-selecting and unaccountable bench to second-guess our democratic process in ever more intrusive ways; the Strasbourg court’s arrogation of powers, such as the right to order interim measures never contemplated in 1950; and so on.

The flaw in the CofE’s £150 million victims’ fund

To much fanfare, the Church of England this week instituted a plan, funded to the tune of some £150 million and overseen by a well-respected City law firm, to compensate the victims of abuse carried out by church officials. So far, so good. But when we are talking big money like this, eligibility needs to be carefully circumscribed, with tough boundaries set. Unfortunately, one doubts whether the new Abuse Redress Measure, which set up the scheme, does this. However well-intended, it actually risks a worryingly unpredictable and at times arbitrary use of church funds.

Francesca Albanese is insufferable, but don’t sanction her

Among the many peripheral hangers-on at the UN, are members of a curious class of functionary known as special rapporteurs. Numbering about 80, these are in theory independent experts appointed by the Human Rights Council to oversee either particular countries or particular issues. In practice, however, they tend to be drawn from the ranks of activists and academics who share the UN’s general leftist worldview. In many cases they hold distinctly partisan views and make little secret of them.

Keir Starmer needs a new attorney general

A major plank in the Labour Party’s electoral platform last year was its policy of scrupulous obedience to international law. Attorney-General Lord Hermer has repeatedly pushed this view, swearing undying loyalty to everything from pyjama injunctions coming out of Strasbourg to arrest warrants from the Hague. Unfortunately this exercise in legal piety is now coming back to bite the government big-time. It is making it very difficult for Britain to play what cards it has in the new international game of thrones. Most recently think of Midnight Hammer, the US bunker-buster strike on Iran. Britain, normally a keen supporter of the US, was unceremoniously sidelined.

How the ‘experts’ got the grooming gang scandal so wrong

At this stage we can’t predict what the government’s new grooming gangs inquiry will say. But one thing is overwhelmingly likely: many will feel the heat. This includes police who stood back in the face of clear patterns of child sexual exploitation by young Pakistani men to avoid racial tension; social workers desperate not to offend their largely unassimilated Muslim clients; and councillors and politicians who said ‘move on, nothing to see here’ because of fears that Muslim voters might disown anyone who rocked the multicultural boat. With few exceptions, academics were some of the keenest to suppress discussion about groooming gang abusers’ origins or ethnicity Even more interesting, however, is the light all this this has thrown on academia.

David Lammy has scored a win against pro-Gaza civil servants

Not for the first time in Whitehall, we are seeing a power struggle between elected government ministers and civil servants under their control claiming the right to follow their own agenda. 300 middle-ranking mandarins in the Foreign Office have written to the Foreign Secretary attacking Israel’s conduct in Gaza, suggesting that it contravened international humanitarian law. Their letter implied that they should not be asked to do any work that might encourage or condone it. The administration called their bluff. Permanent under-secretary Olly Robins, doubtless with Foreign Secretary David Lammy’s approval, told them that if they maintained their position, then their ultimate – and honourable – recourse was to resign.

Kemi Badenoch is walking into her own ECHR trap

If you think Keir Starmer is rattled by Reform’s awkward-squad views on human rights, spare a thought for Kemi Badenoch. In a speech today obviously aimed at Conservative voters thinking of defecting to Nigel Farage with his unapologetic call to leave the European Convention on Human Rights (ECHR), she will announce that the Tories too are indeed deeply unsatisfied with the convention, and are determined to do something about it.  So far so good. Listen further, however, and you see not so much as a position taken as an exercise in bet-hedging. Rather than going full-on for withdrawal, she is – you guessed it – setting up a committee, albeit one embodying the 'sharpest legal minds'. One can see why she has chosen a non-committal managerialist solution like this.

Brace yourselves for more Quran-burning trials in Britain

You might well have felt slightly repelled if last February you had passed someone ineptly trying to set fire to a copy of the Quran on the streets of London, while simultaneously using some remarkably fruity language about Islamic doctrine and its effect on believers. The man was Turkish dissident Hamit Coşkun: much to the disgust of a passing Muslim, he was burning the book outside the Turkish consulate as a demonstration against the excessive Islamification of Turkey under Recep Erdoğan. The effect on free speech of this judgement is very concerning But whatever your distaste, you should be very worried about the fact that this man has now been branded a criminal – indeed, a hate criminal.

Britain’s Gulf trade deal is not the place for virtue signalling

Rachel Reeves announced that a trade deal with the Gulf Co-operation Council (GCC) – in other words, Saudi Arabia and the Gulf states – was imminent last week. It was then leaked that, even though the deal was with unashamed petrostates with no time for net zero and, in some cases, a distinctly doubtful record on rights, the text imposed no legal duties in respect of human rights, modern slavery or the environment. The trade unions and human rights groups are unhappy. The TUC wants any deal to be conditional on workers’ rights protection; the Trade Justice Movement and other earnest humanitarian activists are demanding binding commitments on human rights and pollution. So far, the government has stood its ground.

How Starmer was stitched up over the Chagos islands

Yesterday, following a last-minute flurry of lawfare, the government published the text of its Chagos agreement with Mauritius. Future history books may well cite it as the perfect example of Britain ceasing to be a country that can be taken seriously. This lousy deal essentially amounts to a massive gift from British taxpayers to the Mauritian government, in exchange for being allowed to give up territory The agreement transfers to Mauritius the entire Chagos archipelago, including the Diego Garcia airbase, subject to a 99-year leaseback of the latter. The small print is worth noting.

Allowing camping on Dartmoor is a terrible mistake

Away from the hamlets and farms that dot the edge of it, the high moor on Dartmoor is a wild and solitary place, especially overnight and in the early morning. But if you like that sort of thing, you might be well-advised to make the most of it while you can. As a result of an unfortunate decision from the Supreme Court yesterday, the solitude may not last much longer. The peculiarity of Dartmoor is that even though it looks like a public space, most of it is privately owned. The land is looked after by a mixture of large estate owners, farmers and others. Public access, for centuries tolerated by tradition, was in 1985 confirmed by an Act of Parliament specifically permitting anyone to access on foot and horseback for recreational purposes.

A 10mph speed limit is preposterous

The increase of 20mph speed limits in Britain has been sending drivers around the bend. But if an organisation called the Road Safety Foundation (RSF) has its way, things could be about to get even slower – and more frustrating – for motorists. The RSF says that road speeds in cities should be cut to 10mph to prevent deaths and reduce serious injuries. Talk of a 10mph speed limit is preposterous. Does the RSF want to take us back to 1903, when the Motor Car Act of that year first raised the speed limit to what was then a blistering 20mph?

Starmer will struggle to deport foreign criminals

The government is rattled on immigration. Forget its liberal metropolitan supporters: just-about-managing voters from Whitehaven to Waltham Cross are deadly serious about the need to curb the numbers coming here. After a last-minute get-tough announcement by Yvette Cooper failed to stop massive Reform gains earlier this month, Keir Starmer has now gone on the attack with a migration White Paper. If Labour is to convince potential Tory and Reform electors that it is serious about immigration, vague words are not enough Apart from making it more difficult for migrants to obtain full residency rights, and tightening English language and education requirements, this proposes changing the law to stop foreign criminals and illegal migrants winning the right to stay on human rights grounds.

Voters won’t be fooled by Yvette Cooper’s human rights gimmick

Keir Starmer's government has grudgingly accepted publicly something it has privately known for months: voters are deadly serious about what they see as uncontrolled immigration. Despite the best attempts of the Prime Minister to make vacuous promises to “smash the gangs”, they can no longer be fobbed off. Labour's real problem is that on immigration and human rights it has painted itself into a corner This realisation has led to a flurry of announcements from the Home Secretary. Yvette Cooper has said that serious sex offenders will be automatically denied asylum.

We don’t need a crackdown on killer cyclists

Wayward cyclists watch out: Keir Starmer is coming for you. The government has announced a crackdown against bikers who kill pedestrians. The offence of ‘careless cycling’ is to be punished with a potential two years’ imprisonment if someone is injured, five if they are killed. With ‘dangerous cycling’, the punishment could be up to five years for injury, or imprisonment for life – yes, life – in the case of death. Much of Middle England, especially motorists exasperated by cyclists often behaving as if they own the road (not to mention the pavement), will cheer. But the case for this crackdown is not as strong as it looks. For one thing, there is some slightly doubtful morality here.

Would scrapping juries help tackle the courts backlog?

There’s a lot to digest in the new Crime and Justice Commission report, which came out today. Its proposals include, for example, a legal ban on access to social media for under-16s and a universal digital ID card system. But the most eye-catching idea in the Times-sponsored report is that for those outside the most serious crimes – notably murder, manslaughter, rape and serious violent and sexual offences – the right to jury trial should go. Instead, other crimes for which currently there is a right to a jury should, if the defendant chooses, instead be tried by a so-called intermediate court consisting of a judge sitting with two magistrates.  There is little doubt that the government would agree.