Gerald Gardiner, Baron Gardiner
Encyclopedia
Gerald Austin Gardiner, Baron Gardiner, CH
, QC
, PC (30 May 1900 - 7 January 1990), was a British
Labour politician
, who served as Lord High Chancellor of Great Britain from 1964 to 1970 and during that time he introduced into British law as many reforms as any Lord Chancellor had done before or since. In that position he embarked on a great program of reform, most importantly setting up the Law Commission
in 1965.
(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
. Gardiner was born in Chelsea
, London
and attended Harrow School
. When his father visited him at Harrow he noticed a copy of the Nation, later incorporated into the New Statesman
, lying around and yelled that no other son of his would attend a school where such publications were openly displayed. He was as good as his word, and Gerald's two brothers were sent to Eton
. When Gardiner was at Magdalen College, Oxford
in the 1920s, he published a pamphlet on pink paper which resulted in his being sent down. A woman undergraduate had suffered the same fate a few days previously for climbing into a men's college after a dance. Gardiner, characteristically, rushed to her defence and the Vice-Chancellor, Farnell, notoriously out of touch with the post-war generation, asked Gardiner to leave at the intolerable hour of six in the morning; any later hour, Farnell knew, would have meant a sympathetic funeral procession several hundred strong. The girl to whose defence Gardiner had so gallantly flown was later a film critic, Dilys Powell
. While occupying the position of Chancellor of the Open University, he took a degree in the Social Sciences, at the age of 76.
in 1918, but in the 1930s he joined the Peace Pledge Union
. During World War II
Gardiner volunteered to join the Friends' Ambulance Unit
, as an alternative to military service, although he was actually just over conscription
age, and served 1943 to 1945.
in 1925 and was made King's Counsel in 1948. As a lawyer, he fought for the abolition of capital punishment
. He represented the Daily Mirror and its columnist Cassandra (William Neil Connor) in a notable libel trial in 1959 when the pianist Liberace claimed that a newspaper article imputed that he was homosexual. More successfully, he was the Counsel for the Defence in the trial for obscenity of the publishers of Lady Chatterley's Lover
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
., 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
in 1955, Chairman of the General Council of the Bar
in 1958 and 1959. He was a member of the International Commission of Jurists
in 1971. He was Joint Chairman of the National Campaign for Abolition of Capital Punishment.
's candidate in the 1951 General Election
in Croydon West
. He lost to the Conservative
, Richard Thompson
. In 1963 he was made a life peer
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
in 1964 by Harold Wilson
. In 1970, the Labour Party was defeated in the General Election
and Lord Gardiner resigned as Lord Chancellor. In that role, he was responsible for the creation of the Ombudsman
. He also did much to advance women's rights
.
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
. 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 in order to ensure security of their conversations - rather than having 'security' listen in
, Uses of torture in recent times#United Kingdom, Five techniques
).
attempt when a bomb
containing 3 pounds of explosive was attached to his car by the IRA
during a visit to Belfast
. 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."
of the Open University
from 1973 to 1978.
, writer, producer and director who had won an Academy Award
for Best Original Screenplay for The Seventh Veil
. She published his biography in 1983. He died in Hendon
, London
on 7 January 1990, aged 89. His papers (1922–1988) are held by the Churchill Archive Centre
in Cambridge. Papers relating to the abolition of Capital Punishment are at the British Library.
Order of the Companions of Honour
The Order of the Companions of Honour is an order of the Commonwealth realms. It was founded by King George V in June 1917, as a reward for outstanding achievements in the arts, literature, music, science, politics, industry or religion....
, 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...
, PC (30 May 1900 - 7 January 1990), was a British
British people
The British are citizens of the United Kingdom, of the Isle of Man, any of the Channel Islands, or of any of the British overseas territories, and their descendants...
Labour politician
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...
, who served as Lord High Chancellor of Great Britain from 1964 to 1970 and during that time he introduced into British law as many reforms as any Lord Chancellor had done before or since. In that position he embarked on a great program of reform, most importantly setting up the Law Commission
Law Commission
A Law Commission or Law Reform 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 changes or restructuring...
in 1965.
Parents and education
His father was Sir Robert Septimus GardinerRobert Septimus Gardiner
Sir Robert Septimus Gardiner was a British businessman.The seventh son of the Rev. George Gregory Gardiner, and grandson of John Gardiner, he attended Grenoble University and was fluent in French, German and English. A successful businessman who served on the boards of many companies; his chief...
(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
Dionysius Lardner , was an Irish scientific writer who popularised science and technology, and edited the 133-volume Cabinet Cyclopedia.-Early life in Dublin:...
. Gardiner was born in Chelsea
Chelsea, London
Chelsea is an area of West London, England, bounded to the south by the River Thames, where its frontage runs from Chelsea Bridge along the Chelsea Embankment, Cheyne Walk, Lots Road and Chelsea Harbour. Its eastern boundary was once defined by the River Westbourne, which is now in a pipe above...
, London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
and attended Harrow School
Harrow School
Harrow School, commonly known simply as "Harrow", is an English independent school for boys situated in the town of Harrow, in north-west London.. The school is of worldwide renown. There is some evidence that there has been a school on the site since 1243 but the Harrow School we know today was...
. When his father visited him at Harrow he noticed a copy of the Nation, later incorporated into the New Statesman
New Statesman
New Statesman is a British centre-left political and cultural magazine published weekly in London. Founded in 1913, and connected with leading members of the Fabian Society, the magazine reached a circulation peak in the late 1960s....
, lying around and yelled that no other son of his would attend a school where such publications were openly displayed. He was as good as his word, and Gerald's two brothers were sent to Eton
Eton College
Eton College, often referred to simply as Eton, is a British independent school for boys aged 13 to 18. It was founded in 1440 by King Henry VI as "The King's College of Our Lady of Eton besides Wyndsor"....
. When Gardiner was at Magdalen College, Oxford
Magdalen College, Oxford
Magdalen College is one of the constituent colleges of the University of Oxford in England. As of 2006 the college had an estimated financial endowment of £153 million. Magdalen is currently top of the Norrington Table after over half of its 2010 finalists received first-class degrees, a record...
in the 1920s, he published a pamphlet on pink paper which resulted in his being sent down. A woman undergraduate had suffered the same fate a few days previously for climbing into a men's college after a dance. Gardiner, characteristically, rushed to her defence and the Vice-Chancellor, Farnell, notoriously out of touch with the post-war generation, asked Gardiner to leave at the intolerable hour of six in the morning; any later hour, Farnell knew, would have meant a sympathetic funeral procession several hundred strong. The girl to whose defence Gardiner had so gallantly flown was later a film critic, Dilys Powell
Dilys Powell
Elizabeth Dilys Powell was a British journalist, author and film critic.She was born into a middle class family in Bridgnorth, Shropshire. Her mother was Mary Jane Lloyd; her father, Thomas Powell, a bank manager...
. While occupying the position of Chancellor of the Open University, he took a degree in the Social Sciences, at the age of 76.
Pacifism
Gerald Gardiner served in the Coldstream GuardsColdstream Guards
Her Majesty's Coldstream Regiment of Foot Guards, also known officially as the Coldstream Guards , is a regiment of the British Army, part of the Guards Division or Household Division....
in 1918, but in the 1930s he joined the Peace Pledge Union
Peace Pledge Union
The Peace Pledge Union is a British pacifist non-governmental organization. It is open to everyone who can sign the PPU pledge: "I renounce war, and am therefore determined not to support any kind of war...
. 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...
Gardiner volunteered to join the Friends' Ambulance Unit
Friends' Ambulance Unit
The Friends' Ambulance Unit was a volunteer ambulance service, founded by individual members of the British Religious Society of Friends , in line with their Peace Testimony. The FAU operated from 1914–1919, 1939–1946 and 1946-1959 in 25 different countries around the world...
, as an alternative to military service, although he was actually just over conscription
Conscription
Conscription is the compulsory enlistment of people in some sort of national service, most often military service. Conscription dates back to antiquity and continues in some countries to the present day under various names...
age, and served 1943 to 1945.
Legal career
Gardiner was called to the BarBar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
in 1925 and was made King's Counsel in 1948. As a lawyer, he fought for the abolition of capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
. He represented the Daily Mirror and its columnist Cassandra (William Neil Connor) in a notable libel trial in 1959 when the pianist Liberace claimed that a newspaper article imputed that he was homosexual. More successfully, he was the Counsel for the Defence in the trial for obscenity of the publishers of Lady Chatterley's Lover
Lady Chatterley's Lover
Lady Chatterley's Lover is a novel by D. H. Lawrence, first published in 1928. The first edition was printed privately in Florence, Italy with assistance from Pino Orioli; it could not be published openly in the United Kingdom until 1960...
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
Raymond Evershed, 1st Baron Evershed
Raymond Evershed, 1st Baron Evershed PC, KC was British judge who served as Master of the Rolls, and subsequently became a Law Lord .-Background and education:...
., 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
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, 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 1955, Chairman of the General Council of the Bar
General Council of the Bar
The General Council of the Bar, commonly known as the Bar Council, is the professional association for Barristers in England and Wales. Established in 1894, it acts as a disciplinary body and a regulatory body through the Bar Standards Board...
in 1958 and 1959. He was a member of the International Commission of Jurists
International Commission of Jurists
The International Commission of Jurists is an international human rights non-governmental organization. The Commission itself is a standing group of 60 eminent jurists , including members of the senior judiciary in Australia, Canada, and South Africa and the former UN High Commissioner for Human...
in 1971. He was Joint Chairman of the National Campaign for Abolition of Capital Punishment.
Role as Lord Chancellor
Gardiner stood for election as the Labour PartyLabour 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 candidate in the 1951 General Election
United Kingdom general election, 1951
The 1951 United Kingdom general election was held eighteen months after the 1950 general election, which the Labour Party had won with a slim majority of just five seats...
in Croydon West
Croydon West (UK Parliament constituency)
Croydon West was a borough constituency represented in the House of Commons of the Parliament of the United Kingdom from 1950 to 1955. It elected one Member of Parliament by the first past the post system of election.- Politics and history :...
. He lost to the Conservative
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...
, Richard Thompson
Sir Richard Thompson, 1st Baronet
Sir Richard Hilton Marler Thompson, 1st Baronet was a British Conservative politician.Thompson was educated at Malvern College and in India, Burma and Sri Lanka and worked in Calcutta and the Far East in business. In World War II, he served in the Royal Navy as an ordinary seaman and became...
. In 1963 he was made 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...
as Baron Gardiner, of Kittisford in the County of Somerset
Somerset
The ceremonial and non-metropolitan county of Somerset in South West England borders Bristol and Gloucestershire to the north, Wiltshire to the east, Dorset to the south-east, and Devon to the south-west. It is partly bounded to the north and west by the Bristol Channel and the estuary of the...
. On the Labour Party's General Election victory in 1964
United Kingdom general election, 1964
The United Kingdom general election of 1964 was held on 15 October 1964, more than five years after the preceding election, and thirteen years after the Conservative Party had retaken power...
, he was appointed Lord Chancellor and to the Privy Council of the United Kingdom
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
in 1964 by Harold Wilson
Harold Wilson
James Harold Wilson, Baron Wilson of Rievaulx, KG, OBE, FRS, FSS, PC was a British Labour Member of Parliament, Leader of the Labour Party. He was twice Prime Minister of the United Kingdom during the 1960s and 1970s, winning four general elections, including a minority government after the...
. In 1970, the Labour Party was defeated in the General Election
United Kingdom general election, 1970
The United Kingdom general election of 1970 was held on 18 June 1970, and resulted in a surprise victory for the Conservative Party under leader Edward Heath, who defeated the Labour Party under Harold Wilson. The election also saw the Liberal Party and its new leader Jeremy Thorpe lose half their...
and Lord Gardiner resigned as Lord Chancellor. In that role, he was responsible for the creation of the Ombudsman
Ombudsman
An ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...
. He also did much to advance women's rights
Women's rights
Women's rights are entitlements and freedoms claimed for women and girls of all ages in many societies.In some places these rights are institutionalized or supported by law, local custom, and behaviour, whereas in others they may be ignored or suppressed...
.
Security surveillance
During debates on the British Telecommunications Bill in the House of LordsHouse 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....
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
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
. 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 in order to ensure security of their conversations - rather than having 'security' listen in
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 deprivationSensory 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 respectively, while more complex devices can also cut off the sense of smell, touch,...
, Uses of torture in recent times#United Kingdom, Five techniques
Five techniques
The term five techniques refers to certain interrogation practices adopted by the Northern Ireland and British governments during Operation Demetrius in the early 1970s...
).
Assassination attempt
In June 1981 Gardiner survived a failed assassinationAssassination
To carry out an assassination is "to murder by a sudden and/or secret attack, often for political reasons." Alternatively, assassination may be defined as "the act of deliberately killing someone, especially a public figure, usually for hire or for political reasons."An assassination may be...
attempt when a bomb
Car bomb
A car bomb, or truck bomb also known as a Vehicle Borne Improvised Explosive Device , is an improvised explosive device placed in a car or other vehicle and then detonated. It is commonly used as a weapon of assassination, terrorism, or guerrilla warfare, to kill the occupants of the vehicle,...
containing 3 pounds of explosive was attached to his car by the IRA
Provisional Irish Republican Army
The Provisional Irish Republican Army is an Irish republican paramilitary organisation whose aim was to remove Northern Ireland from the United Kingdom and bring about a socialist republic within a united Ireland by force of arms and political persuasion...
during a visit to Belfast
Belfast
Belfast is the capital of and largest city in Northern Ireland. By population, it is the 14th biggest city in the United Kingdom and second biggest on the island of Ireland . It is the seat of the devolved government and legislative Northern Ireland Assembly...
. 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 ChancellorChancellor (education)
A chancellor or vice-chancellor is the chief executive of a university. Other titles are sometimes used, such as president or rector....
of the Open University
Open University
The Open University is a distance learning and research university founded by Royal Charter in the United Kingdom...
from 1973 to 1978.
Personal life
In 1925 he married Lesly Trounson (died 1966). They had one daughter. In 1970, Gardiner married Muriel BoxMuriel Box
Muriel Box was a prolific English screenwriter and director in what at the time was basically a male industry, and is generally considered to be one of the most successful females in the history of British film....
, writer, producer and director who had won an Academy Award
Academy Awards
An Academy Award, also known as an Oscar, is an accolade bestowed by the American Academy of Motion Picture Arts and Sciences to recognize excellence of professionals in the film industry, including directors, actors, and writers...
for Best Original Screenplay for The Seventh Veil
The Seventh Veil
The Seventh Veil is a 1945 British melodrama film made by Ortus Films, a company established by producer Sydney Box, who here released through General Film Distributors in the UK and Universal Pictures in the United States.-Plot:...
. She published his biography in 1983. He died in Hendon
Hendon
Hendon is a London suburb situated northwest of Charing Cross.-History:Hendon was historically a civil parish in the county of Middlesex. The manor is described in Domesday , but the name, 'Hendun' meaning 'at the highest hill', is earlier...
, London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
on 7 January 1990, aged 89. His papers (1922–1988) are held by the Churchill Archive Centre
Churchill College, Cambridge
Churchill College is a constituent college of the University of Cambridge, England.In 1958, a Trust was established with Sir Winston Churchill as its Chairman of Trustees, to build and endow a college for 60 fellows and 540 Students as a national and Commonwealth memorial to Winston Churchill; its...
in Cambridge. Papers relating to the abolition of Capital Punishment are at the British Library.
Publications
- Capital Punishment as a Deterrent: and the alternative, London, Victor GollanczVictor GollanczSir Victor Gollancz was a British publisher, socialist, and humanitarian.-Early life:Born in Maida Vale, London, he was the son of a wholesale jeweller and nephew of Rabbi Professor Sir Hermann Gollancz and Professor Sir Israel Gollancz; after being educated at St Paul's School, London and taking...
(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. ISBN 0420439102
- 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) ISBN 0101584709, Chair: Lord Gardiner.