Home Secretary supports remaining in EU but wants to leave European Convention on Human Rights

In a speech today on the EU referendum, Home Secretary Theresa May said that she still believed the UK should leave the European Convention on Human Rights (ECHR).

Theresa May said in her speech that she supported the UK remaining in the EU, saying the UK should "stand tall and lead in Europe" rather than leaving.

On the ECHR, however, May said that the case for Britain remaining as a signatory "is not clear."

"The ECHR can bind the hands of Parliament, adds nothing to our prosperity, makes us less secure by preventing the deportation of dangerous foreign nationals - and does nothing to change the attitudes of governments like Russia's when it comes to human rights. So regardless of the EU referendum, my view is this. If we want to reform human rights laws in this country, it isn't the EU we should leave but the ECHR and the jurisdiction of its court," May said.

May came out in favour of a British Bill of Rights, saying it would "protect not only the rights set out in the convention but could include traditional British rights not protected by the ECHR, such as the right to trial by jury."

The Home Secretary said that the problems with the European Court of Human Rights did not apply to the Court of Justice of the European Union.

She stated: "I also know that others will say there is little point in leaving the ECHR if we remain members of the EU, with its Charter of Fundamental Rights and its Court of Justice. And I am no fan of the Charter or of many of the rulings of the court. But there are several problems that do apply to the Court of Human Rights in Strasbourg, yet do not apply to the Court of Justice in Luxembourg. Strasbourg is in effect a final appeals court; Luxembourg doesn't have that role. Strasbourg can issue orders preventing the deportation of foreign nationals; Luxembourg has no such power. Unlike the European Convention on Human Rights, the European Treaties are clear: 'national security,' they say, 'remains the sole responsibility of each member state'."

You can read the Home Secretary's full speech here.

In response to May's speech, Bella Sankey, Policy Director for Liberty, said the Home Secretary is "playing fast and loose with Churchill’s legacy to bolster her tough credentials."

Sankey added: "It was only a matter of time before the ECHR got dragged into the EU referendum debate. But the Convention doesn’t bind Parliament and – despite Theresa May’s best efforts at mud-slinging and myth-spreading over the years – the case for remaining a signatory is unequivocal. Britain founded it, it is the most successful system for the enforcement of human rights in the history of the world, and every day it helps bring freedom, justice and the Rule of Law to 820 million people."