Donald Mackay, Baron Mackay of Drumadoon
Encyclopedia
Donald Sage Mackay, Baron Mackay of Drumadoon, PC
, QC
(born 30 January 1946) is a judge
of the Supreme Courts of Scotland
, and a former Lord Advocate
, the country's senior Law Officer
. He is one of five additional Lords of Appeal in the House of Lords
.
He is the brother of the BBC news reporter Alan Mackay
.
George Watson's College
, Edinburgh
. He studied at the School of Law
of the University of Edinburgh
(LLB, LLM), and at the School of Law
of the University of Virginia
(LLM).
Mackay was admitted as a solicitor in 1971 and practised for five years with Allan McDougall & Company, before being admitted to the Faculty of Advocates
in 1976. From 1982 to 1985, he served as an Advocate Depute, a prosecutor in the High Court
, and took silk
in 1987. From 1988 to 1992, he served as a temporary sheriff, and from 1989 to 1995 sat on the Board of the Criminal Injuries Compensation Authority
.
as Solicitor General for Scotland
on the other's appointment as a judge
of the Supreme Courts of Scotland
, and later that year succeeded Lord Rodger of Earlsferry
as Lord Advocate
, on the other's appointment as Lord President of the Court of Session
and Lord Justice General, the most senior judge in Scotland. He was duly created a life peer
in 1995, as Baron Mackay of Drumadoon, of Blackwaterfoot
in the District of Cunninghame
, and became a Privy Counsellor in 1996. Prior to Scottish devolution
in 1999, the Lord Advocate was a political appointment, therefore the Conservative defeat in the 1997 general election
, saw Mackay replaced by Labour
's Lord Hardie
. Between May 1997 and March 2000, he combined practice as a senior counsel with an active role in the House of Lords
as Opposition Spokesman on Scotland and Constitutional Affairs.
of the Court of Session
and High Court of Justiciary
, Scotland's highest courts, in March 2000. Mackay was also one of five members of the House of Lords, in addition to the twelve Lords of Appeal in Ordinary, eligible to form the quorum of the House required to hear and determine judicial business under ss.5&25 of the Appellate Jurisdiction Act 1876
. In October 2009 the judicial functions of the House of Lords
were transferred to the new Supreme Court of the United Kingdom
under Part 3 of the Constitutional Reform Act 2005
, with the twelve Lords of Appeal in Ordinary becoming the inaugural Justices of the Court. While ss.38 and 39 allow for additional judges to sit in the Court, Mackay's position as a currently-serving judge of the Outer House
of the Court of Session
excludes him from both of these provisions.
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
, QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(born 30 January 1946) is a judge
Senator of the College of Justice
The Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
of the Supreme Courts of Scotland
College of Justice
The College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies.The constituent bodies of the supreme courts of Scotland are the Court of Session, the High Court of Justiciary, and the Accountant of Court's Office...
, and a former Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
, the country's senior Law Officer
Law Officers of the Crown
The Law Officers of the Crown are the chief legal advisers to the Crown, and advise and represent the various governments in the United Kingdom and the other Commonwealth Realms. In England and Wales, Northern Ireland and most Commonwealth and colonial governments, the chief law officer of the...
. He is one of five additional Lords of Appeal in the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
.
He is the brother of the BBC news reporter Alan Mackay
Alan Mackay
Alan Mackay was a long-serving reporter for BBC Scotland's Reporting Scotland. He is the brother of the High Court judge Donald Mackay, Baron Mackay of Drumadoon. He left the progamme in 2007 after over twenty-five years in television journalism....
.
Early life
Mackay was born to Rev. Donald George Mackintosh Mackay and Jean Margaret Mackay, and educated at the independentIndependent school (UK)
An independent school is a school that is not financed through the taxation system by local or national government and is instead funded by private sources, predominantly in the form of tuition charges, gifts and long-term charitable endowments, and so is not subject to the conditions imposed by...
George Watson's College
George Watson's College
George Watson's College, known informally as Watson's, is a co-educational independent day school in Scotland, situated on Colinton Road, in the Merchiston area of Edinburgh. It was first established as a hospital school in 1741, became a day school in 1871 and was merged with its sister school...
, Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
. He studied at the School of Law
University of Edinburgh School of Law
The University of Edinburgh School of Law, founded in 1707, is a school within the University of Edinburgh, Scotland, dedicated to research and teaching in law. Known today as Edinburgh Law School, it is located in the historic Old College, the original site of the University...
of the University of Edinburgh
University of Edinburgh
The University of Edinburgh, founded in 1583, is a public research university located in Edinburgh, the capital of Scotland, and a UNESCO World Heritage Site. The university is deeply embedded in the fabric of the city, with many of the buildings in the historic Old Town belonging to the university...
(LLB, LLM), and at the School of Law
University of Virginia School of Law
The University of Virginia School of Law was founded in Charlottesville in 1819 by Thomas Jefferson as one of the original subjects taught at his "academical village," the University of Virginia. The law school maintains an enrollment of approximately 1,100 students in its initial degree program...
of the University of Virginia
University of Virginia
The University of Virginia is a public research university located in Charlottesville, Virginia, United States, founded by Thomas Jefferson...
(LLM).
Mackay was admitted as a solicitor in 1971 and practised for five years with Allan McDougall & Company, before being admitted to the Faculty of Advocates
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...
in 1976. From 1982 to 1985, he served as an Advocate Depute, a prosecutor in the High Court
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
, and took silk
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1987. From 1988 to 1992, he served as a temporary sheriff, and from 1989 to 1995 sat on the Board of the Criminal Injuries Compensation Authority
Criminal Injuries Compensation Authority
The Criminal Injuries Compensation Authority is a non-departmental public body in the United Kingdom. The Authority administers a compensation scheme for injuries caused to victims of violent crime in Great Britain and is funded by the Ministry of Justice in England and Wales and the devolved...
.
Government
In 1995, he replaced Thomas DawsonThomas Dawson, Lord Dawson
Thomas Cordner Dawson, Lord Dawson was a Scottish lawyer. He was Solicitor General for Scotland from 1992 until his appointment in 1995 as a Senator of the College of Justice, a judge of the Supreme Courts of Scotland, and held this post until his death in 2007.-Early life:Dawson was educated at...
as Solicitor General for Scotland
Solicitor General for Scotland
Her Majesty's Solicitor General for Scotland is one of the Law Officers of the Crown, and the deputy of the Lord Advocate, whose duty is to advise the Crown and the Scottish Government on Scots Law...
on the other's appointment as a judge
Senator of the College of Justice
The Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
of the Supreme Courts of Scotland
College of Justice
The College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies.The constituent bodies of the supreme courts of Scotland are the Court of Session, the High Court of Justiciary, and the Accountant of Court's Office...
, and later that year succeeded Lord Rodger of Earlsferry
Alan Rodger, Baron Rodger of Earlsferry
Alan Ferguson Rodger, Baron Rodger of Earlsferry, FRSE, FBA, PC was a Scottish lawyer and Justice of the Supreme Court of the United Kingdom....
as Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
, on the other's appointment as Lord President of the Court of Session
Lord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...
and Lord Justice General, the most senior judge in Scotland. He was duly created a life peer
Life peer
In the United Kingdom, life peers are appointed members of the Peerage whose titles cannot be inherited. Nowadays life peerages, always of baronial rank, are created under the Life Peerages Act 1958 and entitle the holders to seats in the House of Lords, presuming they meet qualifications such as...
in 1995, as Baron Mackay of Drumadoon, of Blackwaterfoot
Blackwaterfoot
Blackwaterfoot is a village on the Isle of Arran in the Firth of Clyde, Scotland. It is located in the Shiskine valley in the south-west of the island. It is one of the smaller villages of Arran and home to one of Europe's two 12 hole golf courses. A short walk from Blackwaterfoot is Drumadoon...
in the District of Cunninghame
Cunninghame
Cunninghame is a former comital district of Scotland and also a district of the Strathclyde Region from 1975–1996.-Historic Cunninghame:The historic district of Cunninghame was bordered by the districts of Renfrew and Clydesdale to the north and east respectively, by the district of Kyle to the...
, and became a Privy Counsellor in 1996. Prior to Scottish devolution
History of Scottish devolution
The decision of the Parliament of Scotland to ratify the Treaty of Union in 1707 was not unanimous and from that time, individuals and organizations have advocated the return of a Scottish Parliament. Some have argued for devolution - a Scottish Parliament within the United Kingdom - whereas others...
in 1999, the Lord Advocate was a political appointment, therefore the Conservative defeat in the 1997 general election
United Kingdom general election, 1997
The United Kingdom general election, 1997 was held on 1 May 1997, more than five years after the previous election on 9 April 1992, to elect 659 members to the British House of Commons. The Labour Party ended its 18 years in opposition under the leadership of Tony Blair, and won the general...
, saw Mackay replaced by Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
's Lord Hardie
Andrew Hardie, Baron Hardie
Andrew Rutherford Hardie, Baron Hardie, PC, QC is a judge of the Supreme Courts of Scotland, and a former Lord Advocate, the country's senior Law Officer...
. Between May 1997 and March 2000, he combined practice as a senior counsel with an active role in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
as Opposition Spokesman on Scotland and Constitutional Affairs.
The Bench
Mackay was appointed a judgeSenator of the College of Justice
The Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
of the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
and High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
, Scotland's highest courts, in March 2000. Mackay was also one of five members of the House of Lords, in addition to the twelve Lords of Appeal in Ordinary, eligible to form the quorum of the House required to hear and determine judicial business under ss.5&25 of the Appellate Jurisdiction Act 1876
Appellate Jurisdiction Act 1876
The Appellate Jurisdiction Act 1876 is an Act of the Parliament of the United Kingdom that altered the judicial functions of the House of Lords. The act was repealed by the Constitutional Reform Act 2005, which transferred the judicial functions from the House of Lords to the Supreme Court of the...
. In October 2009 the judicial functions of the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
were transferred to the new Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
under Part 3 of the Constitutional Reform Act 2005
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 is an Act of the Parliament of the United Kingdom. It provided for a Supreme Court of the United Kingdom to take over the existing role of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of...
, with the twelve Lords of Appeal in Ordinary becoming the inaugural Justices of the Court. While ss.38 and 39 allow for additional judges to sit in the Court, Mackay's position as a currently-serving judge of the Outer House
Outer House
The Outer House is one of the two parts of the Scottish Court of Session, which is the supreme civil court in Scotland. It is a court of first instance, although some statutory appeals are remitted to it by the other more senior part, the Inner House...
of the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
excludes him from both of these provisions.