in Manchester Theresa May Theresa May says she wants to scrap the Human Rights Act

Foreign criminals might no longer be able to avoid deportation by claiming a "right to family life" under proposals announced by the home secretary.

Theresa May will talk of plans to rewrite the immigration rules to prevent "abuse" of Article 8 of the European Convention on Human Rights.

The move is likely to go down well with Tory activists at the party's annual conference in Manchester.

Many have been calling for the Human Rights Act to be scrapped.

It is likely to be less popular with the Conservatives' Lib Dem coalition partners, who are strong supporters of the act, which incorporates the European Convention into British law.

But aides have stressed that the policy has been cleared by Deputy Prime Minister Nick Clegg, as well as Justice Secretary Ken Clarke - seen as another liberal voice on criminal justice.

Official figures show that Article 8 was used successfully by more than 100 foreign criminals and illegal immigrants last year.

Prime Minister David Cameron told the BBC: "We believe that the courts are currently giving too much attention to that [the right to family life], rather than the protection of the United Kingdom.

"And you are able to change the immigration rules and ask them to look more carefully about the danger these individual pose. The right to family life is not an inalienable right in the European Convention, so we believe this change can work."

MPs are not expected to get a chance to vote on the change as it is contained in secondary legislation.

Home Office sources do not claim the rule change will mean the government can deport everyone it wants to, but it will "rebalance" the system.

Although everyone has a right under Article 8 of the European Convention on Human Rights to respect for their private and family life, officials point out, it is not an absolute right.

They insist it is legitimate to interfere with the exercise of that right where it is in the public interest to do so, for public protection or to protect the British economy.

The home secretary is examining how to make clear in the immigration rules that a foreign national can be deported when they have been convicted of a criminal offence, breached immigration rules, set up a family life while in the UK illegally, chosen Britain as their country of residence or are unable to support themselves financially.

The Conservatives are already on a collision course with the Lib Dems over plans to replace the Human Rights Act with a British Bill of Rights.

A commission set up to examine the policy, which is enshrined in the coalition agreement, is due to report later this year.
Lib Dem opposition

Conservative MP Conor Burns told the BBC: "The deputy prime minister told his conference really clearly last week that he is having no truck with removing the Human Rights Act from the statute book.

"So we have got a bit of an impasse here."

He added: "I don't really understand the point of the report going to Nick Clegg if Nick Clegg has already made his mind up.

"So I think the prime minister now should ask the commission to report to him. All I'm saying is, very clearly, the coalition should implement the coalition agreement."

The prime minister and Mrs May both say they want to scrap the Human Rights Act but can not act as quickly as they would like due to Liberal Democrat opposition. I am pissed off with this liberal dog impeding the progress of things like this - they cannot hold us 2 ransom for ever

Several high-profile cases have attracted criticism, including that of Iraqi Kurd Aso Mohammed Ibrahim, who killed 12-year-old Amy Houston in a hit-and-run in Blackburn in 2003.

He was jailed but allowed to remain in the UK after he and his wife had two children following his release from prison.

Ibrahim's lawyers successfully used Article 8 to argue for his right to stay and judges at the Court of Appeal refused an application to appeal against that decision in April this year.

another nail in the condemns coffin?