European Convention on Human Rights

Lord Marks of Henley-on-Thames Excerpts

Thursday 17th July 2025 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

As the noble Lord rightly points out, there has been an immigration White Paper. In it, we have said that we will look to deliver a new framework to consider Article 8—the right to family life—and will bring forward legislation to clarify Article 8 rules so that fewer cases are treated as exceptional. This is a modification that we have committed to taking forth within our own domestic legislation. However, the more general point that the noble Lord makes is fundamentally misguided. We have hugely benefited from the ECHR in the 75 years of its existence. It needs to evolve. Of course, there are issues, which we acknowledge, but one point that many European and domestic judges have made to me is that the margin of appreciation, the latitude that individual states have within the existing rules, is wider than many of the states acknowledge themselves.

[Lord Marks of Henley-on-Thames (LD)]

My Lords, in our view, trying to change the ECHR, which would require unanimity, would be as futile as it would be undesirable. However, on the Government’s immigration White Paper, particularly the Article 8 right to respect for private and family life, the margin of appreciation does, as the Minister mentioned, enable states to differ in how they implement the convention. Will the Minister confirm that UK legislation will seek to curtail reliance on exceptional circumstances only for legitimate and recognised convention aims such as national security, crime prevention, economic and social interests or protecting democracy?

[Lord Ponsonby of Shulbrede (Lab)]

Yes, I can give the confirmation that the noble Lord seeks. He sets out the case, as I think I did in answer to the noble Lord, Lord Lilley, but the reality is that this is just one aspect—it is the relationship with the ECHR that we are talking about—but there need to be a number of ways of tackling irregular immigration, which is a profound and difficult issue. We are doing that in parallel, as well as addressing the Article 8 issue.