Badenoch ‘increasingly' supportive of leaving ECHR, as she launches exit probe
The Conservative leader is expected to set out her plans for a commission about whether the UK should leave the European Convention on Human Rights (ECHR), a treaty which underpins human rights law, in a speech on Friday.
'I have always been clear that if our national interest means that we need to leave the ECHR, we will leave,' the Conservative leader will say.
She will add: 'But I say that not because of any particular obsession with international law or with our treaty arrangements. I say that because for me, the most important thing is making our country safer, richer and fairer.'
The ECHR was a dividing issue in last year's Conservative leadership election, with Mrs Badenoch's rival Robert Jenrick championing the idea that Britain should pull out.
Critics of the treaty want to leave it because they believe it has been used to frustrate attempts to deport migrants from Britain.
Mrs Badenoch has stopped short of calling for the UK to leave, but in February, she suggested that the UK would 'probably' have to withdraw from the convention if it stops the country from doing 'what is right'.
Now the Conservative leader will say she is 'increasingly of the view that we will need to leave, because I am yet to see a clear and coherent route to change within our current legal structures'.
But a 'clear plan' and 'full understanding' of the consequences of leaving are needed first, Mrs Badenoch will say as she announces a commission into the matter led by Lord Wolfson of Tredegar, the shadow attorney general.
Screen grab of Conservative party leader Kemi Badenoch speaking during Prime Minister's Questions in the House of Commons this week (Houses of Parliament)
Five 'common sense' questions will be asked by the investigation, branded a series of 'tests' by Mrs Badenoch.
These include whether the UK can 'lawfully remove foreign criminals and illegal migrants to their home country or elsewhere — even if they have family here or claim they could be at risk if sent home', and if the Government can stop veterans being 'pursued by vexatious legal attacks'.
The Commission will also look at whether British citizens receive preference ahead of migrants for 'scarce public services', if prison sentences 'actually reflect Parliament's intentions', and how to prevent 'endless legal challenges' to planning applications.
Mrs Badenoch will say that the 'system must change' if her investigation 'makes clear that these tests cannot be passed under the current system'.
She will add: 'If international treaties, including the European Convention, block us and there is no realistic prospect of changing them, then we leave them. No hesitation. No apology.'
The Conservative leader will set out whether she plans to leave the ECHR at the Tory conference in October, when the investigation will report back.
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