I'm sorry, I don't see the problem? The gist of his argument is:
1. The HRA doesn't force us to listen to European courts.
2. What does force us to listen to European courts is the ECHR.
3. Therefore, to get out of the European court system, we'd have to exit the ECHR, not just repeal the HRA.
Which of those is wrong?
Let me fill in the detail ...
1. The HRA doesn't force us to listen to European courts.
Actually yes it does. Section 2(1) says that a court MUST take into account ANY judgment of the ECHR, whenever made or given, that is relevant to the proceedings.
2. What does force us to listen to European courts is the ECHR Treaty.
I assume that by ECHR here you mean the Treaty (that's what Starmer means)? Proceeding on that basis ...
Actually no it doesn't. To quote Starmer "Article 46 states that: The High Contracting Parties undertake to abide by the final judgment of the Court
in any case to which they are parties.
That is a completely different thing. That just says that
if the UK is a party to a case before the ECHR then it must abide by the court's decision. Which is kind of obvious. It has nothing to do with what section 2 of the HRA says, which is to do with taking account of relevant ECHR rulings in
completely unrelated cases. Such as cases against Germany, or Belgium, or the European Commission.
So, for example, if the ECHR rules in a German case that, say, an accused person has the right to be present at their own trial then the HRA says, but the Treaty does
not say, that that will also apply in the UK.
3. Therefore, to get out of the European court system, we'd have to exit the ECHR Treaty, not just repeal the HRA.
So this conclusion does not follow, because he is talking about two different and mostly unrelated things.
Now, Starmer is supposed to be a lawyer - he is a QC dammit. And this is an elementary mistake to make, if it is a mistake that is.