John McCluskey, Baron McCluskey
Encyclopedia
John Herbert McCluskey, Baron McCluskey (born 12 June 1929) is a Scottish lawyer, judge and politician, who served as Solicitor General for Scotland
, 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 recently appointed Chair of the Scottish Government's panel reviewing the UK Supreme Court
's jurisdiction over Scottish human rights matters.
in Manchester
and at Holy Cross Academy, Edinburgh
, and studied at the University of Edinburgh
(MA
1950, LLB
1952). He served briefly in the Royal Air Force
at RAF Spitalgate
and was awarded the station's Sword of Honour in 1953. He was admitted to the Faculty of Advocates
in 1955.
(QC) in 1967. He became a Chairman on the Medical Appeal Tribunals for Scotland in 1972 and additionally Sheriff Principal
of Dumfries and Galloway
in 1973.
McCluskey was appointed Solicitor General for Scotland
in 1974 in the new Labour
government of Harold Wilson
and on 29 September 1976 was created a life peer as Baron McCluskey, of Churchhill in the District of the City of Edinburgh. He remained in this office until the Conservative
victory in the 1979 election
, continuing thereafter as Labour Opposition Spokesperson for Scottish Legal Affairs until 1984.
In 1984, McCluskey was appointed a Senator of the College of Justice
, a judge of the Court of Session
and High Court of Justiciary
, 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
's Reith Lectures, 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.
From 1988 to 2005, he was Editor of Butterworth's Scottish Criminal Law and Practice series. From 1997 to 2004, he was Chairman of the Trustees of the John Smith Memorial Trust, being succeeded in this post by former Defence Secretary
and NATO Secretary General
Lord Robertson
.
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
where Scottish courts had found none.
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...
, the country's junior 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...
from 1974 to 1979, and as a Senator of the College of Justice
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...
, a judge of Scotland's Supreme Courts
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...
, from 1984 to 2004.
He was recently appointed Chair of the Scottish Government's panel reviewing the UK Supreme Court
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...
's jurisdiction over Scottish human rights matters.
Early life
McCluskey was born in 1929, the son of solicitor Francis McCluskey and his wife, Margaret. He was educated at St. Bede's Grammar SchoolSt Bede's College, Manchester
St Bede's College, Manchester is an independent Roman Catholic day school situated on Alexandra Road South in the Whalley Range area of the city, and is a member of the Headmasters' and Headmistresses' Conference....
in Manchester
Manchester
Manchester is a city and metropolitan borough in Greater Manchester, England. According to the Office for National Statistics, the 2010 mid-year population estimate for Manchester was 498,800. Manchester lies within one of the UK's largest metropolitan areas, the metropolitan county of Greater...
and at Holy Cross Academy, 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...
, and studied at 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...
(MA
Master of Arts (Scotland)
A Master of Arts in Scotland can refer to an undergraduate academic degree in humanities and social sciences awarded by the ancient universities of Scotland – the University of St Andrews, the University of Glasgow, the University of Aberdeen and the University of Edinburgh, while the University of...
1950, LLB
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
1952). He served briefly in the Royal Air Force
Royal Air Force
The Royal Air Force is the aerial warfare service branch of the British Armed Forces. Formed on 1 April 1918, it is the oldest independent air force in the world...
at RAF Spitalgate
RAF Spitalgate
RAF Spitalgate formerly known as RFCS 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 the main A52 road.-History:...
and was awarded the station's Sword of Honour in 1953. He was 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 1955.
Career
McCluskey was briefly Standing Junior Counsel, a legal advisor to a government department, to the Ministry of Power in Scotland in 1963, and served as an Advocate Depute, a Crown prosecutor, from 1964 to 1971, being appointed Queen's CounselQueen'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...
(QC) in 1967. He became a Chairman on the Medical Appeal Tribunals for Scotland in 1972 and additionally Sheriff Principal
Sheriff Principal
The office of sheriff principal is unique within the judicial structure of Scotland, and it cannot therefore readily be compared with any other judicial office. It is one of great antiquity, having existed continuously since around the 11th century...
of Dumfries and Galloway
Sheriffdom
A sheriffdom is a judicial district in Scotland.Since 1 January 1975 there have been six sheriffdoms. Previously sheriffdoms were composed of groupings of counties...
in 1973.
McCluskey was appointed 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...
in 1974 in the new 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...
government of 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...
and on 29 September 1976 was created a life peer as Baron McCluskey, of Churchhill in the District of the City of Edinburgh. He remained in this office until 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...
victory in the 1979 election
United Kingdom general election, 1979
The United Kingdom general election of 1979 was held on 3 May 1979 to elect 635 members to the British House of Commons. The Conservative Party, led by Margaret Thatcher ousted the incumbent Labour government of James Callaghan with a parliamentary majority of 43 seats...
, continuing thereafter as Labour Opposition Spokesperson for Scottish Legal Affairs until 1984.
In 1984, McCluskey was appointed a Senator of the College of Justice
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...
, a judge 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 supreme courts
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...
. Already being a peer, he used his noble title whilst sitting on the Bench. He was the first serving judge to deliver the BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
's Reith Lectures, 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.
From 1988 to 2005, he was Editor of Butterworth's Scottish Criminal Law and Practice series. From 1997 to 2004, he was Chairman of the Trustees of the John Smith Memorial Trust, being succeeded in this post by former Defence Secretary
Secretary of State for Defence
The Secretary of State for Defence, popularly known as the Defence Secretary, is the senior Government of the United Kingdom minister in charge of the Ministry of Defence, chairing the Defence Council. It is a Cabinet position...
and NATO Secretary General
Secretary General of NATO
The Secretary General of the North Atlantic Treaty Organisation is the chairman of the North Atlantic Council, the supreme decision-making organisation of the defence alliance. The Secretary-General also serves as the leader of the organisation's staff and as its chief spokesman...
Lord Robertson
George Robertson, Baron Robertson of Port Ellen
George Islay MacNeill Robertson, Baron Robertson of Port Ellen, is a British Labour Party politician who was the tenth Secretary General of the North Atlantic Treaty Organisation, between October 1999 and early January 2004; he succeeded Javier Solana in that position...
.
Retirement
McCluskey retired from the Bench in 2004 but continues to sit occasionally as a judge. In June 2011, the Scottish Government announced he would chair a panel of experts examining the position of the UK Supreme CourtSupreme 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...
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
Cadder v HM Advocate
Cadder v HM Advocate [2010] UKSC 43 was a decision of the Supreme Court of the United Kingdom which held that the way in which police in Scotland detained suspects was not compatible with the European Convention on Human Rights and was therefore unlawful in terms of the Scotland Act...
and Nat Fraser
Fraser v HM Advocate
Fraser v Her Majesty's Advocate [2011] UKSC 24 is a controversial decision of the Supreme Court of the United Kingdom relating to the effect of non-disclosure of evidence to the defence at trial and the role of the Supreme Court of the United Kingdom in Scots criminal law.-Background and trial:On...
cases, in which the Court had found violations by Scottish police of 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...
where Scottish courts had found none.