Lord McCluskey
   HOME

TheInfoList



Click Here for Items Related To - Lord McCluskey
OR:
Lord McCluskey on:   [Wikipedia]   [Google]   [Amazon]

John Herbert McCluskey, Baron McCluskey (12 June 1929 – 20 July 2017) was a Scottish lawyer, judge and politician, who served as
Solicitor General for Scotland , body = , insignia = Crest of the Kingdom of Scotland.svg , insigniasize = 110px , image = File:Official Portrait of Ruth Charteris QC.png , incumbent = Ruth Charteris KC , incumbentsince = 22 June 2021 , department = Crown Office and ...
, the country's junior Law Officer from 1974 to 1979, and as a Senator of the College of Justice, a judge of Scotland's Supreme Courts, from 1984 to 2004. He was also member of the House of Lords from 1976 until his retirement in 2017.


Early life

McCluskey was born in 1929, one of four sons of solicitor Francis McCluskey and his wife, Margaret. He was educated at St. Bede's Grammar School in
Manchester Manchester () is a city in Greater Manchester, England. It had a population of 552,000 in 2021. It is bordered by the Cheshire Plain to the south, the Pennines to the north and east, and the neighbouring city of Salford to the west. The t ...
and at Holy Cross Academy,
Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian on the southern shore of t ...
. He studied at the
University of Edinburgh The University of Edinburgh ( sco, University o Edinburgh, gd, Oilthigh Dhùn Èideann; abbreviated as ''Edin.'' in post-nominals) is a public research university based in Edinburgh, Scotland. Granted a royal charter by King James VI in 15 ...
and graduated with an MA in 1950. He was awarded the Vans Dunlop scholarship and graduated a
LLB Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
in 1952. He did his
national service National service is the system of voluntary government service, usually military service. Conscription is mandatory national service. The term ''national service'' comes from the United Kingdom's National Service (Armed Forces) Act 1939. The ...
in the
Royal Air Force The Royal Air Force (RAF) is the United Kingdom's air and space force. It was formed towards the end of the First World War on 1 April 1918, becoming the first independent air force in the world, by regrouping the Royal Flying Corps (RFC) an ...
as a pilot officer stationed on the
Isle of Man ) , anthem = "O Land of Our Birth" , image = Isle of Man by Sentinel-2.jpg , image_map = Europe-Isle_of_Man.svg , mapsize = , map_alt = Location of the Isle of Man in Europe , map_caption = Location of the Isle of Man (green) in Europe ...
and then at
RAF Spitalgate Royal Air Force Spitalgate or more simply RAF Spitalgate formerly known as RFC Grantham and RAF Grantham was a Royal Flying Corps and Royal Air Force station, located south east of the centre of Grantham, Lincolnshire, England fronting onto th ...
and was awarded the station's Sword of Honour in 1953. He was admitted to the
Faculty of Advocates The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary. The Faculty of Advocates is a constit ...
in 1955.


Career

McCluskey was briefly Standing Junior Counsel, a legal advisor to a government department, to the Ministry of Power in Scotland in 1962. He served as an Advocate Depute, a Crown prosecutor, from 1964 to 1971, being appointed
Queen's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister o ...
(QC) in 1967. In 1972 he became chairman on the Medical Appeal Tribunals for Scotland and became chairman of a working party on forensic pathology services in Scotland. As an advocate, he defended
Paul McCartney Sir James Paul McCartney (born 18 June 1942) is an English singer, songwriter and musician who gained worldwide fame with the Beatles, for whom he played bass guitar and shared primary songwriting and lead vocal duties with John Lennon. One ...
against drugs charges in March 1973 when a trial took place in Campbelltown. He caused uproar in court when he asked if McCartney could have "time to pay" a £30 fine. He became Sheriff Principal of Dumfries and Galloway in December 1973. McCluskey was appointed
Solicitor General for Scotland , body = , insignia = Crest of the Kingdom of Scotland.svg , insigniasize = 110px , image = File:Official Portrait of Ruth Charteris QC.png , incumbent = Ruth Charteris KC , incumbentsince = 22 June 2021 , department = Crown Office and ...
in March 1974 in the new
Labour Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...
government of Harold Wilson. On 29 September 1976 he was created a life peer as Baron McCluskey, of Churchhill in the District of the City of Edinburgh. This was so that he could help steer the Devolution bill through the House of Lords. He remained as Solicitor General until the
Conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
victory in the 1979 election at which point he returned to private practice. With Labour in Opposition he continued as their Spokesperson for Scottish Legal Affairs until 1984. In December 1984, McCluskey was appointed a Senator of the College of Justice, a judge of the Court of Session and
High Court of Justiciary The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cour ...
, Scotland's supreme courts. Already being a peer, he used his noble title whilst sitting on the Bench. He was the first serving judge to deliver the
BBC #REDIRECT BBC #REDIRECT BBC Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
's
Reith Lectures The Reith Lectures is a series of annual BBC radio lectures given by leading figures of the day. They are commissioned by the BBC and broadcast on Radio 4 and the World Service. The lectures were inaugurated in 1948 to mark the historic contribu ...
, which he gave in 1986 on Law, Justice and Democracy in which he discusses his ideas of what judges should and should not be involved in. In 1989 the
University of Dundee , mottoeng = "My soul doth magnify the Lord" , established = 1967 – gained independent university status by Royal Charter1897 – Constituent college of the University of St Andrews1881 – University College , ...
gave him an honorary doctorate. In 1992 he presided over the trial of Paul Ferris, who was accused of a gangland murder. The trial lasted 54 days and cost £4 million, which at the time was the longest and most expensive criminal trial in Scottish legal history. He was involved with helping safeguard the independence of the judiciary from a provision contained in the bill that became the
Scotland Act 1998 The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was o ...
. In March 1999 he presided over the first trial held after the murder of Surjit Singh Chhokar at the
Glasgow High Court The Justiciary Buildings is a judicial complex in the Saltmarket in Glasgow, Scotland. The complex, which operates in conjunction with similar facilities in Edinburgh and Aberdeen, is dedicated for the use of the High Court of Justiciary, whic ...
, although that had only led to a conviction of assault. McCluskey was Scotland's longest-serving judge at the time, and was highly critical that only one person had appeared in the dock. In July of that year, he addressed the
Law Society of Scotland The Law Society of Scotland is the professional governing body for Scottish solicitors. It promotes excellence among solicitors through the support and regulation of its members. It also promotes the interests of the public in relation to the ...
's 50th annual conference and suggested that a Royal Commission should look at sentencing of drug offenders. From 1988 to 2005, he was editor of Butterworth's ''Scottish Criminal Law and Practice'' series. He was a friend of the Labour leader John Smith, and played tennis with him. He was a trustee of the John Smith Memorial Trust, and for a time chaired the trustee board. In 2007
Gordon Brown James Gordon Brown (born 20 February 1951) is a British former politician who served as Prime Minister of the United Kingdom and Leader of the Labour Party from 2007 to 2010. He previously served as Chancellor of the Exchequer in Tony B ...
announced that McCluskey was one of the people who had been asked for advice on what changes Labour should make in handling donations. He also chaired the Scottish Association of Mental Health and
Age Concern Age Concern is the banner title used by a number of charitable organizations ( NGOs) specifically concerned with the needs and interests of all older people (defined as those over the age of 50) based chiefly in the four countries of the United Kin ...
.


Retirement

McCluskey took retirement from the Bench in 2000, although he did continue to sit occasionally as a judge until 2004. He sat on the Scottish Football Association (SFA)'s disciplinary appeal panels and in 2002 he suggested that they review their procedures around the use of video evidence. In 2005, during an interview with ''
The Scotsman ''The Scotsman'' is a Scottish compact newspaper and daily news website headquartered in Edinburgh. First established as a radical political paper in 1817, it began daily publication in 1855 and remained a broadsheet until August 2004. Its pare ...
'' he put forward view that the drugs policy set by Westminster had been failing over many years and that heroin use could be treated as a medical problem rather than a legal one. In June 2011, the Scottish Government announced he would chair a panel of experts examining the position of the UK Supreme Court in relation to Scottish cases raising human rights issues. The formation of this panel came about after rulings by the Supreme Court in the '' Cadder'' and Nat Fraser cases, in which the Court had found violations by Scottish police of the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
where Scottish courts had found none. The panel heard evidence and reported in September of that year, making recommendations that included the UK Supreme Court continuing to have a role in Scottish cases, but with limited jurisdiction. After the Leveson Inquiry published its report in November 2012, an Expert Panel was established in the Scottish Parliament to consider the regulation of the press in Scotland and McCluskey was invited to be chair. The panel reported in March 2013 and recommended that there should be statutory controls which are underpinned by law. On 1 March 2017 he retired from the House of Lords on the grounds of ill health. That month he received a Lifetime Achievement award at the Scottish Legal Awards.


Personal life

While on national service he met Ruth Friedland and they married in 1956. They adopted two sons and a daughter. His wife Ruth died in 2014. He died age 88 on 20 July 2017.


References


External links


John McCluskey
in Hansard 1803-2005 archives
Lord McCluskey
on UK Parliament website {{DEFAULTSORT:McCluskey, John McCluskey, Baron 1929 births 2017 deaths People educated at St Bede's College, Manchester People educated at St Augustine's High School, Edinburgh Scottish people of Irish descent Alumni of the University of Edinburgh Crossbench life peers Lawyers from Edinburgh 20th-century King's Counsel Scottish King's Counsel
McCluskey McCluskey or McCloskey (Irish: ''Mac Bhloscaidh'') is an Irish surname. It evolved as a branch of the Ó Catháin clan in County Londonderry. History The McCluskey sept are a branch of the O'Cahans, the former Lords of Keenaght. The McCluskey fam ...
Solicitors General for Scotland Scottish sheriffs Politicians from Edinburgh Life peers created by Elizabeth II