Gerald Austin Gardiner, Baron Gardiner, (30 May 1900 – 7 January 1990) was a British Labour politician, who served as

Lord High Chancellor of Great Britain The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...

from

1964 Events January * January 1 – The Federation of Rhodesia and Nyasaland is dissolved. * January 5 – In the first meeting between leaders of the Roman Catholic and Orthodox churches since the fifteenth century, Pope Paul VI and Patria ...

1970 Events January * January 1 – Unix time epoch reached at 00:00:00 UTC. * January 5 – The 7.1 1970 Tonghai earthquake, Tonghai earthquake shakes Tonghai County, Yunnan province, China, with a maximum Mercalli intensity scale, Mercalli ...

. In that position he embarked on a programme of reform, most importantly setting up the

Law Commission A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...

in 1965.

Early life and education

Gardiner was born in

Chelsea, London Chelsea is an area in West London, England, due south-west of Kilometre zero#Great Britain, Charing Cross by approximately . It lies on the north bank of the River Thames and for postal purposes is part of the SW postcode area, south-western p ...

. His father was Robert Septimus Gardiner (died 16 November 1939) and his mother was Alice von Ziegesar (died 31 January 1953), daughter of Count von Ziegesar and granddaughter of

Dionysius Lardner Dionysius Lardner FRS FRSE (3 April 179329 April 1859) was an Irish scientific writer who popularised science and technology, and edited the 133-volume '' Cabinet Cyclopædia''. Early life in Dublin He was born in Dublin on 3 April 1793 th ...

. He attended

Harrow School Harrow School () is a Public school (United Kingdom), public school (English boarding school for boys) in Harrow on the Hill, Greater London, England. The school was founded in 1572 by John Lyon (school founder), John Lyon, a local landowner an ...

. While Gardiner was at

Magdalen College, Oxford Magdalen College ( ) is a Colleges of the University of Oxford, constituent college of the University of Oxford. It was founded in 1458 by Bishop of Winchester William of Waynflete. It is one of the wealthiest Oxford colleges, as of 2022, and ...

in the 1920s, he became

president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...

of the

Oxford Union The Oxford Union Society, commonly referred to as the Oxford Union, is a debating society in the city of Oxford, England, whose membership is drawn primarily from the University of Oxford. Founded in 1823, it is one of Britain's oldest unive ...

and of the

Oxford University Dramatic Society The Oxford University Dramatic Society (OUDS) is the principal funding body and provider of theatrical services to the many independent student productions put on by students in Oxford, England. Not all student productions at Oxford University a ...

. He was rusticated (suspended) in 1921, and was again threatened with rustication in November 1922, for publishing a pamphlet attacking restrictions on women undergraduates. A woman undergraduate had suffered the same fate a few days previously for climbing into a men's college after a dance. Gardiner rushed to her defence and the Vice-Chancellor,

Lewis Richard Farnell Lewis Richard Farnell FBA (1856–1934) was a classical scholar and Oxford academic, where he served as vice-chancellor from 1920 to 1923. George Stanley Farnell in the inscription of the 1896 edition of the first volume of the first edition of ...

, notoriously out of touch with the post-war generation, asked Gardiner to leave at 06:00; any later, Farnell knew, would have meant a sympathetic funeral procession several hundred strong. The girl to whose defence Gardiner had come was

Dilys Powell Elizabeth Dilys Powell (20 July 1901 – 3 June 1995) was a British film critic and travel writer who contributed to ''The Sunday Times'' for more than 50 years. Powell was known for her receptiveness to cultural change in the cinema and coin ...

, who later became a film critic. Gardiner graduated with a fourth-class degree in jurisprudence in 1923. While occupying the position of Chancellor of the

Open University The Open University (OU) is a Public university, public research university and the largest university in the United Kingdom by List of universities in the United Kingdom by enrolment, number of students. The majority of the OU's undergraduate ...

, he took a degree in the Social Sciences, at the age of 76.

Pacifism

Gerald Gardiner served in the

Coldstream Guards The Coldstream Guards is the oldest continuously serving regular regiment in the British Army. As part of the Household Division, one of its principal roles is the protection of the Monarchy of the United Kingdom, monarchy; due to this, it often ...

in 1918 and was commissioned in 1919, but in the 1930s he joined the

Peace Pledge Union The Peace Pledge Union (PPU) is a non-governmental organisation that promotes pacifism, based in the United Kingdom. Its members are signatories to the following pledge: "War is a crime against humanity. I renounce war, and am therefore determine ...

. During

World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...

Gardiner volunteered to join the

Friends' Ambulance Unit The Friends' Ambulance Unit (FAU) was a volunteer ambulance service, founded by individual members of the British Religious Society of Friends (Quakers), in line with their Peace Testimony. The FAU operated from 1914 to 1919, 1939 to 1946 and ...

, as an alternative to military service, although he was actually just over

conscription Conscription, also known as the draft in the United States and Israel, is the practice in which the compulsory enlistment in a national service, mainly a military service, is enforced by law. Conscription dates back to antiquity and it conti ...

age, and served 1943 to 1945; as someone relatively mature, he was usefully able to lead a 55-strong team assisting refugees in the turmoil of North-West Europe in the last year of the war.

Legal career

Gardiner was

called to the Bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...

in 1925 and was made

King's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

in 1948. As a lawyer, he fought for the abolition of capital punishment. He represented ''

The Daily Mirror The ''Daily Mirror'' is a British national daily tabloid newspaper. Founded in 1903, it is part of Mirror Group Newspapers (MGN), which is owned by parent company Reach plc. From 1985 to 1987, and from 1997 to 2002, the title on its masthead ...

'' and its columnist 'Cassandra' (

William Connor Sir William Neil Connor (26 April 1909 – 6 April 1967) was an English newspaper journalist for the ''Daily Mirror'' who wrote under the pen name of "Cassandra". Biography William Connor wrote a regular column for over 30 years between 1935De ...

) in a notable libel trial in 1959 when the pianist

Liberace Władziu Valentino Liberace (May 16, 1919 – February 4, 1987) was an American pianist, singer and actor. He was born in Wisconsin to parents of Italian and Polish Americans, Polish origin and enjoyed a career spanning four decades of concerts, ...

claimed that a newspaper article imputed that he was homosexual. More successfully, he was the Counsel for the Defence in R v Penguin Books Ltd, the trial for obscenity of the publishers of ''

Lady Chatterley's Lover ''Lady Chatterley's Lover'' is the final novel by English author D. H. Lawrence, which was first published privately in 1928, in Florence, Italy, and in 1929, in Paris, France. An unexpurgated edition was not published openly in the United Ki ...

'' in 1960. He played an active role in various reform movements and held numerous professional positions. He was a member of the Committee on Supreme Court Practice and Procedure, 1947–53 chaired by

Raymond Evershed, 1st Baron Evershed Francis Raymond Evershed, 1st Baron Evershed, Her Majesty's Most Honourable Privy Council, PC (8 August 1899 – 3 October 1966) was a British judge who served as Master of the Rolls, and subsequently became a Lord of Appeal in Ordinary, Law Lor ...

. He was a member of the Lord Chancellor's Law Reform Committee, 1952–63. He was a Master of the Bench of the

Inner Temple The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional association for barristers and judges. To be called to the Bar and practice as a barrister in England and Wa ...

in 1955, Chairman of the

General Council of the Bar The General Council of the Bar, commonly known as the Bar Council, is the representative body for barristers in England and Wales. Established in 1894, the Bar Council is the "approved regulator" of barristers, but delegates its regulatory functi ...

in 1958 and 1959. He was a member of the

International Commission of Jurists The International Commission of Jurists (ICJ) is an international human rights non-governmental organization. It is supported by an International Secretariat based in Geneva, Switzerland, and staffed by lawyers drawn from a wide range of jurisdi ...

in 1971. He was Joint Chairman of the National Campaign for Abolition of Capital Punishment.

Lord Chancellorship

Gardiner stood for election as the Labour Party's candidate in the 1951 General Election in Croydon West. He lost to the

Conservative Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civiliza ...

, Richard Thompson. In the

1964 New Year Honours The New Year Honours 1964 were appointments in many of the Commonwealth realms of Queen Elizabeth II to various orders and honours to reward and highlight good works by citizens of those countries. They were announced on 1 January 1964 to celebra ...

he was made a

life peer In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. Life peers are appointed by the monarch on the advice of the prime minister. With the exception of the D ...

as Baron Gardiner, of Kittisford in the County of Somerset. On the Labour Party's General Election victory in 1964, he was appointed Lord Chancellor and to the

Privy Council of the United Kingdom The Privy Council, formally His Majesty's Most Honourable Privy Council, is a privy council, formal body of advisers to the sovereign of the United Kingdom. Its members, known as privy counsellors, are mainly senior politicians who are curre ...

in 1964 by

Harold Wilson James Harold Wilson, Baron Wilson of Rievaulx (11 March 1916 – 23 May 1995) was a British statesman and Labour Party (UK), Labour Party politician who twice served as Prime Minister of the United Kingdom, from 1964 to 1970 and again from 197 ...

. In 1970, the Labour Party was defeated in the

General Election A general election is an electoral process to choose most or all members of a governing body at the same time. They are distinct from By-election, by-elections, which fill individual seats that have become vacant between general elections. Gener ...

and Lord Gardiner resigned as Lord Chancellor. In that role, he was responsible for the creation of the

Ombudsman An ombudsman ( , also ) is a government employee who investigates and tries to resolve complaints, usually through recommendations (binding or not) or mediation. They are usually appointed by the government or by parliament (often with a sign ...

. He also did much to advance

women's rights Women's rights are the rights and Entitlement (fair division), entitlements claimed for women and girls worldwide. They formed the basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st c ...

Security surveillance

During debates on the British Telecommunications Bill in the

House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...

in 1981, various members raised concerns about telephone tapping, a matter of disquiet in the community and amongst these members. In his contribution, Lord Gardiner told of the difficulties he experienced as Lord Chancellor (1964–1970) in being able to conduct strictly private discussions with the then

Attorney-General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...

. Lord Gardiner said he believed his telephone calls were intercepted by a British intelligence organisation. He also alluded to a need to take a ride around the park in his chauffeur-driven car with the Attorney-General to ensure security of their conversations – rather than having 'security' listen in

Post-Lord Chancellorship

Northern Ireland Interrogation methods Minority Report

Lord Gardiner published the ''Minority Report'' in March 1972 as part of the Parker Report (''Report of the Committee of Privy Counsellors appointed to consider authorised procedures for the interrogation of persons suspected of terrorism''), which considered the interrogation procedures used against suspects of terrorism in Northern Ireland, with particular reference to allegations of torture during internment in 1971 (See

Sensory deprivation Sensory deprivation or perceptual isolation is the deliberate reduction or removal of stimuli from one or more of the senses. Simple devices such as blindfolds or hoods and earmuffs can cut off sight and hearing, while more complex devices can ...

, Use of torture since 1948#United Kingdom,

Five techniques The five techniques, also known as deep interrogation, are a group of interrogation methods developed by the United Kingdom during the 20th century and are currently regarded as a form of torture. Originally developed by British forces in a vari ...

). Lord Gardiner was appointed a Member of the Order of the Companions of Honour in the 1975 New Year's Honours.

Assassination attempt

In June 1981 Gardiner survived an assassination attempt when a

bomb A bomb is an explosive weapon that uses the exothermic reaction of an explosive material to provide an extremely sudden and violent release of energy. Detonations inflict damage principally through ground- and atmosphere-transmitted mechan ...

containing 3 pounds of explosive was attached to his car by the IRA during a visit to

Belfast Belfast (, , , ; from ) is the capital city and principal port of Northern Ireland, standing on the banks of the River Lagan and connected to the open sea through Belfast Lough and the North Channel (Great Britain and Ireland), North Channel ...

. The device was later found near the junction of University Road and Elmwood Avenue, Belfast, and defused by the British Army. The IRA released a statement saying: "We meant to kill Gardiner, the political architect of the criminalization policy and the H-blocks. The device fell off the car and failed to explode."

Open University

He was

Chancellor Chancellor () is a title of various official positions in the governments of many countries. The original chancellors were the of Roman courts of justice—ushers, who sat at the (lattice work screens) of a basilica (court hall), which separa ...

of the

from 1973 to 1978.

Personal life

In 1925, Gardiner married Lesly Trounson; they had one daughter, and were married until his wife's death in 1966. In 1970, Gardiner married

Muriel Box Violette Muriel Box, Baroness Gardiner, (22 September 1905 – 18 May 1991) was an English screenwriter and director, Britain's most prolific female director, having directed 12 feature films and one featurette. Her screenplay for '' The Sevent ...

, a writer, producer and director who had won an

Academy Award The Academy Awards, commonly known as the Oscars, are awards for artistic and technical merit in film. They are presented annually by the Academy of Motion Picture Arts and Sciences (AMPAS) in the United States in recognition of excellence ...

for Best Original Screenplay for '' The Seventh Veil''. She published his biography in 1983. Gardiner died at his home in

Mill Hill Mill Hill is a suburb in the London Borough of Barnet, England. It is situated around northwest of Charing Cross, close to the Hertfordshire border. It was in the Historic counties of England, historic county of Middlesex until 1965, when it b ...

, London, on 7 January 1990, at the age of 89.

Arms

Legacy

Gardiner's archives are held by two institutions, the Churchill Archive Centre in Cambridge and the

British Library The British Library is the national library of the United Kingdom. Based in London, it is one of the largest libraries in the world, with an estimated collection of between 170 and 200 million items from multiple countries. As a legal deposit li ...

.Gerald Gardiner Papers
archives and manuscripts catalogue, the British Library. Retrieved 15 May 2020 The latter collection chiefly concerns the abolition of capital punishment in Great Britain.

Publications

*''Capital Punishment as a Deterrent: and the alternative'', London,

Victor Gollancz Sir Victor Gollancz (; 9 April 1893 – 8 February 1967) was a British publisher and humanitarian. Gollancz was known as a supporter of left-wing politics. His loyalties shifted between liberalism and communism; he defined himself as a Christian ...

(1956). *''Law Reform Now'' (Edited with Andrew Martin), London, Victor Gollancz (1963). *Justice (INTERNATIONAL COMMISSION OF JURISTS) ''Living it down. The problem of old convictions. The report of a Committee set up by Justice, The Howard League for Penal Reform, The National Association for the Care and Resettlement of Offenders''. Chairman of Committee, the Rt. Hon. Lord Gardiner. London: Stevens & Sons, 1972. *UK Government, Northern Ireland Office. ''Report of a Committee to consider, in the context of civil liberties and human rights, measures to deal with terrorism in Northern Ireland, etc.'' (1975) (Parliamentary papers. Cmnd. 5847) , Chair: Lord Gardiner.

References

{{DEFAULTSORT:Gardiner, Gerald 1900 births 1990 deaths Alumni of Magdalen College, Oxford Alumni of the Open University British conscientious objectors Chancellors of the Open University English King's Counsel Labour Party (UK) life peers Lord chancellors of Great Britain Members of London County Council Members of the Fabian Society Members of the Inner Temple Members of the Order of the Companions of Honour Members of the Privy Council of the United Kingdom Ministers in the Wilson governments, 1964–1970 People associated with the Friends' Ambulance Unit People educated at Harrow School Presidents of the Oxford Union 20th-century King's Counsel 20th-century English lawyers British Army personnel of World War I Coldstream Guards soldiers 20th-century Quakers Life peers created by Elizabeth II