Small Boats and the Irresistible Rise of Reform UK: Can the Refugee Convention Survive?

Unpack one of the most dramatic moments in the life of the Labour government so far: Angela Rayner’s resignation, a sweeping cabinet reshuffle, and Shabana Mahmood’s arrival as Home Secretary. With David Lammy moved to Justice and Yvette Cooper shifted to the Foreign Office, what does this signal for immigration, asylum, and criminal justice reform?

To explore the current events in UK politics, Ken Macdonald KC and Tim Owen KC are joined by Sir Jonathan Jones KCB KC, former Treasury Solicitor, and Permanent Secretary of the Government Legal Department 2014-2020. Together they offer expert legal commentary on the growing calls to repeal the Human Rights Act, withdraw from the European Convention on Human Rights (ECHR), and even abandon the Refugee and Torture Conventions. They discuss whether such moves are legally possible in UK law, the lessons from Denmark’s hardline asylum model, and the challenges of redefining refugee status in a world of mass displacement and criminal gangs exploiting the terms of the 1951 Convention.

 

The conversation also tackles the complex question of whether withdrawal from the ECHR would breach the Belfast Good Friday Agreement, the role of the common law in safeguarding fundamental rights, and whether a populist government could truly legislate away protections against torture and inhuman treatment or punishment. 

 

With the debate on human rights law at its most febrile in decades, Ken, Tim and Jonathan ask: how far could Britain really go—and at what cost to its international standing, constitutional integrity, and democratic values?

Link to The ECHR and the Belfast (Good Friday) Agreement on policy exchange here.

Link to the ECHR & Immigration Control in the UK: Informing the Public Debate document, authored by Victoria Adelmant, Alice Donald and Başak Çali here.

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Covering the critical intersections of law and politics in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain’s legal and political future.

What happens when law and politics collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain’s legal and political system?

Get answers to questions like these weekly on Wednesdays.

Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.

Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law.

Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades. Both bring unparalleled experience from the frontline of Britain's legal and political landscape.

If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll love Double Jeopardy.