Kemi Badenoch has revealed she is “increasingly of the view” that the UK should withdraw from the European Convention on Human Rights (ECHR), as she announces the launch of a formal investigation into the consequences of such a move.
In a speech expected to set the tone for her party’s direction ahead of the autumn Tory conference, the Conservative leader will outline plans to establish a commission to examine whether Britain should cut ties with the ECHR — a cornerstone treaty of post-war Europe, enshrining rights like the right to a fair trial and protection from torture.
“I have always been clear that if our national interest means that we need to leave the ECHR, we will leave,” she will say. “But I say that not because of any obsession with international law or treaty arrangements. I say it because the most important thing is making our country safer, richer and fairer.”
While not yet committing to a definitive break from the ECHR, Badenoch’s tone has markedly shifted in recent months. Back in February, she suggested Britain would “probably” need to exit the treaty if it continued to restrict efforts to enforce immigration policy. Now, she plans to put the matter under the microscope with what she describes as “serious, sober analysis”.
Leading the inquiry will be Lord Wolfson of Tredegar, the shadow attorney general, who will oversee a commission designed to answer five “common sense” questions — or “tests” — about the UK’s legal and constitutional position within the ECHR.
Among the questions posed by the commission: can the UK lawfully remove foreign criminals and illegal migrants to their country of origin or a third nation — even if they have family ties or claim to be at risk upon return? Can British veterans be protected from “vexatious legal attacks” over historic military actions? And do British citizens receive priority access to public services compared to newly arrived migrants?
Additional tests will probe whether the sentences imposed by courts genuinely reflect the will of Parliament, and how to prevent repeated legal challenges to planning decisions which, according to Badenoch, can delay vital development projects.
“If the results of this investigation make clear that these tests cannot be passed under the current system, then the system must change,” Badenoch will say. “If international treaties — including the European Convention — block us, and there is no realistic prospect of changing them, then we leave. No hesitation. No apology.”
The outcome of the commission’s work will be revealed at the Conservative Party Conference in October, at which point Badenoch is expected to make a formal announcement on whether she will push for a withdrawal from the ECHR.
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The issue of ECHR membership has long divided Conservatives. While some see it as an essential safeguard of human rights, others argue it hampers Britain’s sovereignty and frustrates immigration enforcement. The treaty was notably cited during failed attempts to remove asylum seekers and foreign criminals from the UK, particularly under the Rwanda deportation policy.
Alain Berset, Secretary-General of the Council of Europe — which oversees the ECHR — has acknowledged the strain. In comments to The Times, he noted the challenges posed by changing global dynamics, especially rising migration. “We are witnessing a world where things are changing rapidly. We need adaptation. We need discussion about the rules we want to have, and there is no taboo,” he said.
For Badenoch, however, the core issue remains practical: the ability to govern effectively within Britain’s own legal boundaries. Her commission marks a decisive move to challenge the status quo — and could set the stage for a major shift in the UK’s post-Brexit relationship with Europe.
