UK Attorney General Richard Hermer on Wednesday expressed concerns over personal attacks on judges, stating such actions pose a threat to the rule of law and judicial independence. His remark concerns the tension with the home secretary over how the right to private and family life free from interference from the state under Article 8 of the European Convention on Human Rights (ECHR) is applied in asylum and immigration cases.
Speaking to Parliament’s Joint Committee on Human Rights, Hermer said judges have become targets of personal criticism in the House of Commons and the media. He stated: “We are entering a dangerous moment in which, not simply on social media but on the Floor of the House of Commons, people are attacking judges on a personal basis. That is entirely unacceptable.”
Hermer specifically pointed to the misreporting of a First-tier Tribunal decision involving an Albanian national, where critics wrongly claimed the deportation was blocked because his child would miss chicken McNuggets. The decision was later overturned, but not before it triggered political attacks. Hermer stressed the importance of correcting misinformation, stating: “Courts are always going to make mistakes, which is why we have appeal courts.”
Hermer further noted a rise in Article 8 cases at the tribunal level, highlighting the role of Home Office caseworkers in initial decisions. He called for a review of immigration policies and rules to ensure the right balance is struck under Article 8 and emphasized the need for closer collaboration with the Council of Europe.
In response to criticism that legal safeguards slow down government efficiency, Hermer defended that such reviews do not hinder the government from working efficiently. He referenced, for instance, the progress of a 16 percent increase in the removal of foreign national offenders since he took office last year. He also emphasized that Article 8 is supposed to be not only a robust, quick, and efficient but also a fair asylum and immigration process.
The ECHR is an international treaty to which all 46 Council of Europe member states are bound. Article 8 of the treaty states that every individual holds “the right to respect for his private and family life, his home and his correspondence.” It further states:
There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
The hearing coincided with the 75th anniversary of the ECHR. Hermer appeared before the committee as part of a ministerial scrutiny session, outlining his role as chief legal adviser and the government’s approach to the rule of law and human rights.
Stephan is the sports journalist for the Maple Grove Report.
