In a recent address to Parliament’s Joint Committee on Human Rights, UK Attorney General Richard Hermer conveyed deep concerns regarding the escalating personal attacks on judges. Hermer emphasized that such actions jeopardize the fundamental pillars of the rule of law and judicial independence. The backdrop to his remarks is the ongoing tension with the Home Secretary over the application of Article 8 of the European Convention on Human Rights (ECHR) in asylum and immigration cases.
According to an address by Hermer, judges are increasingly finding themselves as targets of personal criticism both in the House of Commons and in the media. Hermer warned of a “dangerous moment” where such criticisms are not restricted to social media but are also being aired within parliamentary proceedings. He described this development as “entirely unacceptable.”
Hermer shed light on the misreporting of a First-tier Tribunal decision regarding an Albanian national, which was inaccurately represented. Critics incorrectly claimed the deportation was halted due to concerns about the child’s access to chicken McNuggets. The initial decision was eventually overturned, but not before it had become a focal point for political attacks. Hermer underscored the need to correct such misinformation, stating that courts have avenues for correction through the appellate system.
Hermer also noted a significant rise in Article 8 cases at the tribunal level and pointed to the critical role of Home Office caseworkers in initial decision-making processes. He called for a re-evaluation of immigration policies to ensure an appropriate balance under Article 8 and urged for closer collaboration with the Council of Europe.
In countering criticisms that legal safeguards impede governmental efficiency, Hermer defended these provisions as essential for maintaining a fair and expedient legal process. He cited a 16 percent increase in the removal of foreign national offenders under his tenure as an example of effective governance. Hermer emphasized that Article 8 aims to offer a robust and fair asylum and immigration system.
The ECHR remains a binding international treaty for all 46 member states of the Council of Europe. Article 8 enshrines the right to respect for private and family life, subject to specific public interest exceptions. Hermer’s remarks coincided with the 75th anniversary of the ECHR, marking his participation as part of a ministerial scrutiny session concerning the government’s stance on the rule of law and human rights.
For more information, you can read the full article on JURIST.