Gerald Gardiner, Baron Gardiner

The Right Honourable The Lord Gardiner CH PC QC
Lord Gardiner in 1977.
Lord High Chancellor of Great Britain
In office 16 October 1964 – 19 June 1970
Monarch	Elizabeth II
Prime Minister	Harold Wilson
Preceded by	The Lord Dilhorne
Succeeded by	The Lord Hailsham of St Marylebone
Personal details
Born	30 May 1900 (1900-05-30)
Died	7 January 1990 (1990-01-08)
Nationality	British
Political party	Labour
Spouse(s)	(1) Lesly Trounson (d. 1966) (2) Muriel Box (1905–1991)
Alma mater	Magdalen College, Oxford

Gerald Austin Gardiner, Baron Gardiner CH PC QC (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 programme of reform, most importantly setting up the Law Commission in 1965.^[1]

Early life and education

His father was Robert Septimus Gardiner (died 16 November 1939)^[2] and his mother was Alice von Ziegesar (died 31 January 1953 ^[3]), daughter of Count von Ziegesar and granddaughter of Dionysius Lardner.^[4] Gardiner was born in Chelsea, London^[5] 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, Lewis Richard 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.^[6]

Pacifism

Gerald Gardiner served in the Coldstream Guards 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.

Legal career

Gardiner was called to the Bar 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.^[7] 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.,^[8] 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.^[9] 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.

Role as Lord Chancellor

Gardiner stood for election as the Labour Party'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.^[10] 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.

Security surveillance

During debates on the British Telecommunications Bill ^[11] in the House of Lords 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^[12]

After 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),^[13] 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, Use of torture since 1948#United Kingdom, Five techniques). Lord Gardiner was appointed a Companion of Honour in the 1975 New Year's Honours.^[14]

Assassination attempt

In June 1981 Gardiner survived a failed assassination 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."^[15]

Open University

He was Chancellor of the Open University from 1973 to 1978.

Personal life

In 1925 he married Lesly Trounson (died 1966). They had one daughter. In 1970, Gardiner married Muriel Box, writer, producer and director who had won an Academy Award for Best Original Screenplay for The Seventh Veil. She published his biography in 1983.^[16] He died in Hendon, London^[17] on 7 January 1990, aged 89. His papers (1922–1988) are held by the Churchill Archive Centre in Cambridge.^[18] Papers relating to the abolition of Capital Punishment are at the British Library.^[19]

Publications

• Capital Punishment as a Deterrent: and the alternative, London, Victor Gollancz (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 0-420-43910-2
• 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 0-10-158470-9, Chair: Lord Gardiner.

References

Lord Chancellors of Great Britain Cowper in commission Harcourt Cowper Macclesfield in commission King Talbot Hardwicke in commission Northington Pratt Yorke in commission Bathurst Thurlow in commission Thurlow in commission Loughborough Eldon Erskine Eldon Lyndhurst Brougham Lyndhurst in commission Cottenham Lyndhurst Cottenham in commission Truro St Leonards Cranworth Chelmsford Campbell Westbury Cranworth Chelmsford Cairns Hatherley Selborne Cairns Selborne Halsbury Herschell Halsbury Herschell Halsbury Loreburn Haldane Buckmaster Finlay Birkenhead Cave Haldane Cave D. Hailsham Sankey D. Hailsham Maugham Caldecote Simon Jowitt Simonds Kilmuir Dilhorne Gardiner Q. Hailsham Elwyn-Jones Q. Hailsham Havers Mackay Irvine Falconer Straw Clarke Grayling Gove List of Lord Chancellors and Lord Keepers