Edward Gardner
Encyclopedia
Sir Edward Lucas Gardner, QC
(10 May 1912 - 2 August 2001) was a barrister
and British
Conservative Party
politician.
. After leaving education he initially worked as a journalist
.
during World War II
, surviving the sinking of two ships. In 1945 he was appointed a Commander in the RNVR and Chief of Naval Information (East Indies
).
in 1947, and was deputy chairman of the Kent
quarter sessions
. He became a distinguished and a Recorder of the Crown Court from 1972 to 1985. Gardner was appointed as a Queen's Counsel
in 1960 and was subsequently admitted to the Nigerian and British Guianan bars: he also appeared in the courts of Goa, the High Court of Singapore
and the Supreme Court of India
, besides having an extensive practice in England
.
He was a leading member of the Society of Conservative Lawyers
, chairman of its executive committee from 1969 to 1975 and Chairman, 1975-85. Under his guidance the society produced a steady flow of influential pamphlets on suggested changes to the criminal law. He chaired the committees that produced Rough Justice, a statement on the future of the law, in 1968, Crisis in Crime and Punishment (1971) and The Proper Use of Prisons (1978).
in 1955. He was Member of Parliament
for Billericay
from 1959 until he lost in 1966 by 1,642 votes (despite polling more than 38,000 votes). He returned as MP for Fylde South
1970-83 then for Fylde
1983 to 1987, when he retired.
In 1987 Gardner made the first attempt to incorporate the European Convention on Human Rights
into English law
with a Private Member's Bill
. Despite gathering some distinguished cross-party support (including Lord Hailsham of Saint Marylebone), he was unable to secure sufficient support to see his Bill into law.
Gardner's major contribution to the law was the British Nationality Act 1981
. Whilst in opposition in 1977, the Conservative Party asked Gardner to chair a study group to provide advice on changes to the nationality laws. The resultant Green paper
, "Who Do We Think We Are?", was published in 1980 and its threefold definition of nationality formed the basis for the Government's legislation
.
to the Attorney General
1962-63; Chairman, Justice Working Party on Bail and Remands in Custody 1966; Chairman, Bar Council
Committee on Parliamentary Privilege 1967; Recorder of the Crown Court
1972-85; Chairman, Society of Conservative Lawyers 1975-85; Steward, British Boxing Board of Control
1975-84; Knighted
in 1983; Chairman, Select Committee on Home Affairs
1984-87.
, Hertfordshire
on 22 August 2001.
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...
(10 May 1912 - 2 August 2001) was a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
and British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
Conservative Party
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
politician.
Early life
Gardner was born in Preston, Lancashire on 10 May 1912 and was educated at Hutton Grammar SchoolHutton Grammar School
Hutton Grammar School is a Voluntary Aided Church of England day school for boys, with a co-educational Sixth Form. It is located south west of Preston, Lancashire, in Hutton, England. The school no longer offers boarding, and offers education for boys from ages of 11 through to 16, with the Sixth...
. After leaving education he initially worked as a journalist
Journalist
A journalist collects and distributes news and other information. A journalist's work is referred to as journalism.A reporter is a type of journalist who researchs, writes, and reports on information to be presented in mass media, including print media , electronic media , and digital media A...
.
Military career
Gardner served in the Royal NavyRoyal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, surviving the sinking of two ships. In 1945 he was appointed a Commander in the RNVR and Chief of Naval Information (East Indies
East Indies
East Indies is a term used by Europeans from the 16th century onwards to identify what is now known as Indian subcontinent or South Asia, Southeastern Asia, and the islands of Oceania, including the Malay Archipelago and the Philippines...
).
Legal career
Gardner became a barrister, called to the bar by Gray's InnGray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in 1947, and was deputy chairman of the Kent
Kent
Kent is a county in southeast England, and is one of the home counties. It borders East Sussex, Surrey and Greater London and has a defined boundary with Essex in the middle of the Thames Estuary. The ceremonial county boundaries of Kent include the shire county of Kent and the unitary borough of...
quarter sessions
Quarter Sessions
The Courts of Quarter Sessions or Quarter Sessions were local courts traditionally held at four set times each year in the United Kingdom and other countries in the former British Empire...
. He became a distinguished and a Recorder of the Crown Court from 1972 to 1985. Gardner was appointed as a Queen's Counsel
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 1960 and was subsequently admitted to the Nigerian and British Guianan bars: he also appeared in the courts of Goa, the High Court of Singapore
High Court of Singapore
The High Court of the Republic of Singapore is the lower division of the Supreme Court of Singapore, the upper being the Court of Appeal. It consists of the Chief Justice of Singapore and the Judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload...
and the Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
, besides having an extensive practice in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
.
He was a leading member of the Society of Conservative Lawyers
Society of Conservative Lawyers
The Society of Conservative Lawyers was founded in 1947 and is an affiliate of the Conservative Party of the United Kingdom. A leading Conservative think tank, the society also provides expert legal advice to the Conservative Front Bench and hosts debates on topical issues...
, chairman of its executive committee from 1969 to 1975 and Chairman, 1975-85. Under his guidance the society produced a steady flow of influential pamphlets on suggested changes to the criminal law. He chaired the committees that produced Rough Justice, a statement on the future of the law, in 1968, Crisis in Crime and Punishment (1971) and The Proper Use of Prisons (1978).
Political career
Gardner contested Erith and CrayfordErith and Crayford (UK Parliament constituency)
Erith and Crayford was a parliamentary constituency in the London Borough of Bexley, south-east London, which returned one Member of Parliament to the House of Commons of the Parliament of the United Kingdom....
in 1955. He was Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for Billericay
Billericay (UK Parliament constituency)
Billericay was a constituency represented in the House of Commons of the Parliament of the United Kingdom. It elected one Member of Parliament by the first past the post system of election.It returned Conservative MPs at every election except 1966....
from 1959 until he lost in 1966 by 1,642 votes (despite polling more than 38,000 votes). He returned as MP for Fylde South
Fylde South (UK Parliament constituency)
Fylde South was a constituency which returned one Member of Parliament to the House of Commons of the Parliament of the United Kingdom from 1950, until it was abolished for the 1983 general election.- Members of Parliament :...
1970-83 then for Fylde
Fylde (UK Parliament constituency)
Fylde is a county constituency represented in the House of Commons of the Parliament of the United Kingdom. It elects one Member of Parliament by the first past the post system of election.-History:...
1983 to 1987, when he retired.
In 1987 Gardner made the first attempt to incorporate the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
into English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
with a Private Member's Bill
Private Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...
. Despite gathering some distinguished cross-party support (including Lord Hailsham of Saint Marylebone), he was unable to secure sufficient support to see his Bill into law.
Gardner's major contribution to the law was the British Nationality Act 1981
British Nationality Act 1981
The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament concerning British nationality. It has been the basis of British nationality law since 1 January 1983.-History:...
. Whilst in opposition in 1977, the Conservative Party asked Gardner to chair a study group to provide advice on changes to the nationality laws. The resultant Green paper
Green paper
In the Commonwealth, the Republic of Ireland and the United States a green paper is a tentative government report of a proposal without any commitment to action; the first step in changing the law...
, "Who Do We Think We Are?", was published in 1980 and its threefold definition of nationality formed the basis for the Government's legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
.
Achievements
Called to the Bar, Gray's Inn in 1947; MP (Conservative) for Billericay 1959-66, for South Fylde 1970-83, for Fylde 1983-87; became a QC 1960; PPSParliamentary Private Secretary
A Parliamentary Private Secretary is a role given to a United Kingdom Member of Parliament by a senior minister in government or shadow minister to act as their contact for the House of Commons; this role is junior to that of Parliamentary Under-Secretary, which is a ministerial post, salaried by...
to the Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
1962-63; Chairman, Justice Working Party on Bail and Remands in Custody 1966; Chairman, Bar Council
Bar council
A bar council , in a Commonwealth country and in the Republic of Ireland, the Bar Council of Ireland is a professional body that regulates the profession of barristers together with the King's Inns. Solicitors are generally regulated by the Law society....
Committee on Parliamentary Privilege 1967; Recorder of the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
1972-85; Chairman, Society of Conservative Lawyers 1975-85; Steward, British Boxing Board of Control
British Boxing Board of Control
The British Boxing Board of Control is the governing body of professional boxing in the United Kingdom. It was formed in 1929 from the old National Sporting Club and is headquartered in Cardiff.- Councils :...
1975-84; Knighted
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
in 1983; Chairman, Select Committee on Home Affairs
Home Affairs Select Committee
The Home Affairs Select Committee is a Committee of the House of Commons in the Parliament of the United Kingdom.-Remit:The Home Affairs Committee is one of the House of Commons Select Committees related to government departments: its terms of reference are to examine "the expenditure,...
1984-87.
Family and Later Life
Gardner married Nina Collins in 1950 (having one son, one daughter) but was divorced in 1962. Then in 1963 he married Joan Belcher (also having one son, one daughter); this second marriage lasting until Joan's death in 1999. Gardner died in Bishop's StortfordBishop's Stortford
Bishop's Stortford is a historic market town and civil parish in the district of East Hertfordshire in the county of Hertfordshire in England. It is situated just west of the M11 motorway, on the county boundary with Essex and is the closest large town to London Stansted Airport and part of the...
, Hertfordshire
Hertfordshire
Hertfordshire is a ceremonial and non-metropolitan county in the East region of England. The county town is Hertford.The county is one of the Home Counties and lies inland, bordered by Greater London , Buckinghamshire , Bedfordshire , Cambridgeshire and...
on 22 August 2001.