Westminster update: lord chancellor on ECHR reform and civil justice

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Deputy prime minister resigns and reshuffle begins

The deputy prime minister, deputy leader of the Labour party and housing secretary Angela Rayner has resigned from her posts after underpaying stamp duty on a property sale earlier this year.

In her resignation letter, Rayner said she deeply regretted and apologised for not getting specialist tax advice on a complex property sale, which led to the stamp duty issue.

An election within the Labour party will elect a new deputy leader to replace Rayner in the coming weeks.

The prime minister has begun a reshuffle of his cabinet and ministers.

Most notably, David Lammy has been moved from foreign secretary to justice secretary. Previous justice secretary Shabana Mahmood has been made home secretary, with her predecessor Yvette Cooper becoming foreign secretary.

Additionally, Lucy Powell has been moved from leader of the House of Commons, and Ian Murray removed from his role as secretary of state for Scotland.

This move followed earlier smaller changes.

On 1 September, the prime minister promoted Darren Jones to chief secretary to the prime minister, a new role where he will lead on delivering Sir Keir Starmer’s key priorities. James Murray replaced Jones as chief secretary to the treasury.

We will engage with the new cabinet ministers and welcome them into their roles.

Lord chancellor challenged on ECHR reform

Then lord chancellor Shabana Mahmood emphasised the need to lead the conversation with European partners on possible reform to the ECHR during an oral evidence session before the Constitution Committee on 3 September.

Lord Anderson (Crossbench) asked what specific aspects of the ECHR require reform and what this would look like in practice.

The lord chancellor responded that one can support the ECHR and still discuss its relevance to today’s challenges.

She emphasised that the UK is keen to shape any discussion on reform and that this is welcomed by member states. However, she also said that there is no confirmed view on the agenda for reform but recognised that irregular migration is a main issue.

Baroness Hamwee (Liberal Democrat) raised probation and alternative forms of criminal rehabilitation other than imprisonment or tagging. She asked Mahmood to address the messaging that someone has to go to prison to be punished.

The lord chancellor responded that a prison place must always be available for dangerous criminals. However, for offenders who can, rehabilitation into the community should be explored and invested in. She highlighted reoffending data for sentences under 12 months to push for tagging.

Finally, Baroness Andrews (Labour) highlighted that the civil justice space is where individuals interact most with the justice system.

She noted the lord chancellor’s recent claim that the crisis in the criminal justice system has limited her from addressing other issues, such as those in the civil justice system, and asked for Mahmood's reflections.

Mahmood emphasised that, through her background in civil practice, she recognises the importance of civil justice and is proud of the progress being made.

She noted that county court timelines improved from 51 weeks in quarter one 2024 to just under 50 weeks in 2025.

Border Security Bill debate continues

On 3 September, peers raised concerns that repealing provisions in the Illegal Migration Act (IMA) would leave the Nationality and Borders Act as the default law in immigration matters during committee stage debates for the Border Security, Asylum and Immigration Bill.

Lord German (Liberal Democrat) spoke on his amendments 116 and 118, which seek to repeal sections 12 to 65 and sections 68 and 69 of the act.

These sections relate to the treatment of refugees depending on the route they took to arrive in the UK and their removal to a third country while asylum applications are being heard.

Lord German mirrored our concerns that repealing the IMA would leave the Nationality and Borders Act as the default law on many issues of asylum and immigration, therefore needing further repeal.

Home Office minister, Lord Hanson, replied that the government wants “to operate swiftly, fairly and firmly, and to ensure that the rules are properly enforced.”

He offered to outline to Lord German the motivation behind keeping these provisions to ease his concerns before the bill reaches the report stage.

Lord German subsequently withdrew his amendment.

Lord Browne of Ladyton (Labour) moved his amendment 104, which seeks to repeal section 59 of the IMA 2023. He argued that it restricts the home secretary’s discretion by deeming asylum and human rights claims from 'safe' countries like India, Georgia and Albania inadmissible except in undefined “exceptional circumstances”.

He raised human rights concerns over Georgia and India, noting reports of torture, politically motivated prosecutions and other violations.

He emphasised the need for regular, objective assessments of 'safe' status – not executive discretion.

Lord Hanson responded that the government believes that "it is important and the right approach to retain the flexibility to expand the use of inadmissibility in the event that we see asylum claims from individuals from countries that we would generally consider safe.”

The amendment was later withdrawn.

MPs debate duty of candour for public authorities

MPs gathered on 3 September to debate the long-awaited "Hillsborough Law". It was originally proposed in 2017 before delays across several governments.

The law would see a statutory duty of candour for all public authorities, including legal and potentially even criminal accountability for misleading the public.

Making the case for duty of candour, MPs recalled historic and ongoing state injustices including the Hillsborough disaster, the Grenfell Tower fire, the Post Office scandal and the infected blood scandal.

A key theme was the injustice that victims and bereaved families face when seeking accountability from well-funded public bodies, while themselves lacking access to legal support.

In response, parliamentary under secretary of state for justice Alex Davies-Jones MP confirmed: “We will make good on our manifesto commitment to provide legal aid for victims of disasters or state-related deaths."

Details of how this will work in practice are yet to be announced.

The government wanted to have draft legislation ready ahead of the 36th anniversary of the Hillsborough disaster, but missed this deadline and later aimed to present it ahead of the Labour Party Conference in late September.

However, during the debate the under secretary of state could not confirm a date for the legislation to reach Parliament.

Coming up

As conference season approaches, we are excited to host a series of events across all conferences:

Labour Party Conference, Liverpool

Public safety, public prosperity: the case for investing in justice

Panel event with the Society of Labour Lawyers and the Bar Council

28 September 2025, 5pm to 6pm

Hilton Hotel, Grace Suite 1

Secure zone: yes – conference pass required

Conservative Party Conference, Manchester

Strong justice, strong economy: optimising our global potential

Panel event with the Society of Conservative Lawyers and the Bar Council

6 October 2025, 6pm to 7:30pm

Victoria Suite, Midland Hotel

Secure sone: yes – conference pass required

Liberal Democrats Party Conference, Bournemouth

Access to justice: rebuilding trust in a key public service

Panel event with the Bar Council

21 September 2025, 1pm to 2pm

Branksome Suite

Secure zone: yes – conference pass required

Upcoming bills

We are working closely with MPs and peers to influence a number of bills before Parliament:

• Border Security, Asylum and Immigration Bill will continue its committee stage in the Lords, which began on 26 June
• Children's Wellbeing and Schools Bill will continue its committee stage in the Lords, which began on 20 May
• Crime and Policing Bill will have its second reading in the Lords on a date to be confirmed
• Employment Rights Bill will begin a consideration of Lords amendments in the Commons on 15 September
• Mental Health Bill will have its report stage in the Commons on a date to be confirmed
• Planning and Infrastructure Bill will continue its committee stage in the Lords, which began on 17 July
• Renters’ Rights Bill will begin a consideration of Lords amendments in the Commons on 8 September
• Terminally Ill Adults (End of Life) Bill will begin its second reading in the Lords on 12 September
• Sentencing Bill will begin its second reading in the Lords on 12 September