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Jenrick’s ideas mostly ‘my thoughts repackaged’, says Badenoch – UK politics live | Politics

Badenoch claims Tory party close to going bust last year, and says Jenrick’s ideas mostly ‘my thoughts repackaged’

Kemi Badenoch has given a punchy interview to Tim Shipman from the Spectator ahead of the Tory conference. Here are the main lines.

I basically inherited a distressed asset and my first job was to just make sure we didn’t go bust. Most of my first three to six months were spent on that. I just couldn’t get out there much. The opportunity cost was perhaps not doing much media.

When it was put to her that she should have spent more time over the past year talking about policy, she said she would “rather be out raising every single penny”, not doing ‘some nice media interviews’. Asked why she couldn’t do both, she replied:

I don’t think people realise just how perilous the situation was.

  • She said that she will give two speeches at Tory conference – a speech on Sunday setting out the party’s plans to leave the European convention on human rights, as well as the traditional end-of-conference speech on Wednesday. That is similar to what Theresa May did in 2016, when she give a speech on the Sunday about her Brexit policy. (That was the speech where she in effect committed the UK to leaving the single market and the customs unions – despite the fact she had not cleared that with cabinet.) Badenoch is going to present the ECHR plans to her shadow cabinet tomorrow.

  • She claimed that most of Robert Jenrick’s ideas were hers. Jenrick, the shadow justice secretary, was Badenoch’s main rival in the leadership contest last year. It is widely assumed that he is preparing to stand in another contest before the election, and he has a very active social media comment, where he is happy to comment on topics outside his brief. Asked if she was happy about Jenrick offering his views so readily, Badenoch said: ‘Yes. But most of them are my thoughts repackaged.” She also said:

I don’t mind that he says what he thinks. The advantage of having a leadership contest is that you’ve kind of already said what you think. Repeating it, which is what Rob tends to do, is not new information.

Badenoch is not being fair to her rival. In last year’s contest the most significant policy difference between Badenoch and Jenrick was Jenrick giving a firm commitment to withdraw from the ECHR, while Badenoch would not make that commitment. She did not rule out withdrawal, but said it was not a “silver bullet”. In Manchester next week at their conference the Tories will be adopting the Jenrick policy.

I think people should just speak freely, no matter what the consequences are. I don’t mind people straying a little bit off piste.

  • She said, when she spoke to Donald Trump at the state banquet, he told her: “I hear me and you agree on so many things.” In particular, he referred to her call from more oil and gas extraction from the North Sea.

Kemi Badenoch. Photograph: Murdo MacLeod/The Guardian
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Challenges of leaving ECHR not ‘insurmountable’, but would cost ‘significant political capital’, leaked Tory report says

Kemi Badenoch has been told that the challenges posed by leaving the European convention on human rights are not “insurmountable”, even though the UK would expend “significant political capital” if it were to pull out.

The advice is set out in a draft of the report from Lord Wolfson, the shadow attorney general, on the case for ECHR withdrawal obtained by the Guido Fawkes website.

In June Badenoch appointed Wolfson to review the impact of the ECHR on UK law, looking at whether the UK would be able to achieve five goals without leaving. At the time Badenoch made it clear that she expected the report to come out in favour of withdrawal.

It is being discussed by the shadow cabinet tomorrow, and in a speech to the Tory conference on Sunday Badenoch is expected to formally commit the party to withdrawal. The Wolfson report is intended to show that withdrawal is not just desirable, but also feasible.

According to the extract leaked to Guido Fawkes, Wolfson says the UK joined the ECHR on only reluctantly in the early 1950s and at the time, because it had a strong tradition of common law rights, officials assumed that the UK would only occasionally be found in breach of the convention. But that has changed because the European court of human rights (ECtHR) has extended its powers beyond what was first agreed, he says.

Wolfson argues that attempts to reform the ECtHR are “unlikely” to succeed within the next few years. And he says the UK does not need to be subject to an international court to offer proper rights protection. He says:

It is worth remembering that countries that inherited the British model of rights protection have continued to improve their approach to rights protection and official accountability, but done so without binding themselves to international courts. As Lord Sumption has observed: “In countries such as the United Kingdom, with independent and apolitical courts of high standing, it is unnecessary to have another tier of judicial supervision at the international level. Other countries with judicial systems similar to Britain’s, such as Canada and New Zealand, have a high reputation for defending human rights without submitting their domestic arrangements to the scrutiny of an international court. If Britain were to withdraw from the convention and re-enact the same provisions as a purely domestic instrument, it would be possible to defend all the same basic rights without submitting to the overbearing regulatory instincts of the Strasbourg court.”

Wolfson argues that leaving the convention is feasible – although he does not pretend it would be easy.

The precise nuances and immediate consequences of denunciation are not without their complexities, and significant political capital will be required to effect a policy to leave the ECHR; however, this advice demonstrates that none of these complexities is insurmountable (notably, the Belfast (Good Friday) Agreement is not a barrier). The form of rights protection that might follow leaving the ECHR is an open question, this advice sets out the various options that are available, and their relative merits …

It is also important to avoid conflating the politics of leaving the ECHR with the legality of doing so. Lord Hermer KC, the attorney general for England & Wales, has recently suggested – without, it seems, adducing any actual evidence – that other countries may not be willing to enter into migration or return deals with the UK if it were no longer a member of the ECHR. That is a primarily a political question, not a legal one, and is a matter for each individual country. However, insofar as other countries take the same approach as the UK, that flies in the face of the numerous migration deals that the UK has with other countries regardless of whether they are in the ECHR or not. Such comments are, in my view, designed to direct attention away from the legal difficulties created by the ECHR and the legality of leaving, which has been the focus of this advice.

Wolfson also says that, in all five areas where Badenoch set her tests, the ECHR imposes limits on what the government can do. But it in some of them the constraints posed by the convention are more limited. Border policy is the area where “the most urgent and extensive changes are needed”, Wolfson says.

The Conservative party has been approached for a comment.

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