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Keir Starmer’s immigration waffle is nonsense for one simple reason he knows full well.uk

The Prime Minister can’t seriously expect us to believe that he thinks his plan will work.

Keir Starmer's immigration waffle is nonsenseOPINION

Keir Starmer’s immigration waffle is nonsense (Image: Olsi Shehu/Anadolu via Getty Images)

Who runs your local town hall might not have a direct impact on immigration policy. Yet whilst out and about campaigning in this year’s local elections it was clear immigration, and in particular illegal immigration, is an issue at the forefront of many people’s minds. This will come as little surprise – small boat crossings are at a record high despite Keir Starmer’s promise at the General Election to “smash the gangs”.

His failure is adding to the mood of distrust with politics and so it also comes as no surprise that he has responded by announcing another set of immigration policies. Yet, in doing so he ignored the fact that to restore trust in the system we must first-and-foremost tackle illegal migration and end small boat crossings. And he has firmly ruled out the fundamental changes to human rights legislation that would be needed to achieve this.

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That’s why I was heartened that Kemi Badenoch has begun to set out more detailed policies in this area. Showing that the Conservative Party has not only learned the lessons of where it fell short in Government, but that it is willing to do things differently is vital in winning back trust. The Conservatives proposed new “Deportation Bill” is a step in the right direction – not least by ending the use of ECHR arguments in asylum cases heard in British courts.

However, as much as this will have my support when it comes before Parliament, I am concerned that, despite it showing we are addressing the issue of illegal migration seriously, it runs the risk of again over-promising and under delivering.

Whilst we remain a member of the ECHR many cases will simply shift from British courts to Strasbourg. Yes, that will be a barrier to some, and may reduce numbers. But there will always be a well-funded NGO or left-wing lawyer willing to support a case. This could mean a future government being forced into embarrassing U-turns because cracks remain in the legal framework.

That’s why we need the certainty of being outside the ECHR to guarantee we can take the action needed to meet the public’s expectations on controlling illegal migration.

Getting certainty on our ability to tackle illegal migration and the deportation of foreign criminals isn’t just another policy challenge amongst many. It has become a fundamental point about whether democratically elected politicians can deliver on their promises. Too often they have willed the ends, but not the means.

The time has come to be honest about the trade offs. Some people will say that retaining our membership of the ECHR sends a positive signal to the world, and that this is worth not having complete control over our borders. I simply disagree, and believe our membership will have no real influence on the actions of other countries. Others will point to the complexities of the role of the ECHR in Northern Ireland, its interplay with other existing laws and its role in the Trade and Cooperation Agreement we have with the EU. I agree this is complex, but working through this is worth it for the price of certain control of our borders.

Whilst in the Cabinet as Chancellor of the Duchy of Lancaster I proposed leaving the ECHR in a detailed paper to the then Prime Minister as a way to truly “stop the boats” – but it was felt too many then Cabinet colleagues were opposed and that a more incremental approach was needed. That approach failed, and today I am even more certain that we need to be bold and make this change.

There is an ever growing number of voices across the British political spectrum expressing dissatisfaction with the ECHR. Renegotiation is a distraction, and will only cause further delay. Domestic reform is welcome, but can never give complete certainty.

Starmer’s promises this week will go the same way as his pledge to “smash the gangs”, and subsequent court cases over the next three years will reinforce the fact that the ECHR is the major problem when it comes to tackling illegal migration. Now is the time for honesty, it’s time for the UK to leave the ECHR and finally deliver the secure borders expected by not only the people I was speaking to on their Cambridgeshire doorsteps, but people across our country.

Steve Barclay is the Conservative MP for North East Cambridgeshire and a former cabinet minister.

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