David Maxwell Fyfe, 1st Earl of Kilmuir
Encyclopedia
David Patrick Maxwell Fyfe, 1st Earl of Kilmuir GCVO
, PC, KC
, (29 May 1900 – 27 January 1967), known as Sir David Maxwell Fyfe from 1942 to 1954 and as The Viscount Kilmuir from 1954 to 1962, was a British
Conservative
politician
, lawyer
and judge
who combined an industrious and precocious legal career with political ambitions that took him to the offices of Solicitor General
, Attorney General
, Home Secretary
and Lord High Chancellor of Great Britain.
One of the prosecutor
s at the Nuremberg Trials
, he was instrumental in drafting the European Convention on Human Rights
. However, he was also a controversial Home Secretary who refused clemency to commute Derek Bentley
's highly controversial death sentence
. His political ambitions were ultimately dashed in Harold Macmillan
's cabinet
reshuffle
of July 1962.
, the only son of William Thomson Fyfe, Headmaster of Aberdeen Grammar School, by his second wife Isabella Campbell, dau. of David Campbell, of Dornoch, co. Sutherland, he was educated at George Watson's College
and Balliol College, Oxford
, where, owing to his self confessed interest in politics, he achieved only a third-class degree in Greats. After graduation, he went on to work for the British Commonwealth Union
as political secretary to Sir Patrick Hannon
MP
, studying law
in his spare time. He entered Gray's Inn
and was called to the bar in 1922. He became a pupil
of George Lynskey
in Liverpool
then joined his chambers to practise.
Not pausing before beginning his political career in earnest, he stood for Wigan
in 1924
, a parliamentary seat unwinnable for the Conservatives. Undeterred, he cultivated the more winnable Spen Valley
until 1929
when the party resolved not to oppose sitting Liberal
Member of Parliament
(MP) Sir John Simon
while he was absent on the Simon Commission
in India
. Maxwell Fyfe was finally elected to parliament
in Liverpool West Derby in a by-election in July 1935.
Meanwhile, Maxwell Fyfe's legal career had prospered, largely through his capacity for hard work. In 1934 he had become King's Counsel
, the youngest in 250 years. He was Recorder
of Oldham
from 1936 to 1942.
, Derrick Gunston and others, backed the National Government over the Hoare-Laval Pact
, and he supported Neville Chamberlain
over the Munich Agreement
. However, after the German occupation of Czechoslovakia
in March 1939, Maxwell Fyfe joined the Territorial Army and, at the outbreak of World War II
in September, he was deployed to the Judge Advocate-General's department. He was badly injured in an air raid
in September 1940. In May 1941 Maxwell Fyfe became deputy to R. A. Butler's chairmanship of a Conservative Party committee to analyse forthcoming post-war problems, taking over from Butler in July 1943.
In March 1942, Sir Winston Churchill
, on the advice of Brendan Bracken, appointed Maxwell Fyfe Solicitor-General
. At the same time he was knight
ed and sworn to the Privy Council
. He applied himself to his work in the wartime coalition government with enormous industry and began some of the thinking and planning about how the leaders of the Nazi regime in Germany might be brought to account after the war. As part of his duties, on 8 April 1945, he attended an Anglo-American discussion over the war crimes trial, at which, says historian Richard Overy
, "he presented the standard British argument for summary execution." Whether Maxwell Fyfe believed such executions were the best method of dealing with the Nazis may be doubted, in view of his later work at the Nuremberg Trials
; at the time, however, as a member of the government he had little choice but to follow the lead of the Prime Minister, Churchill, who repeatedly urged that summary justice be visited upon on the Nazi leaders. When the war ended and the coalition was dissolved in May 1945, Maxwell Fyfe was briefly Attorney-General
in Churchill's caretaker government.
The Labour Party
won a landslide victory in the United Kingdom general election, 1945
and Sir Hartley Shawcross became Attorney General and took responsibility as Britain's chief prosecutor in the Nuremberg Trials. Shawcross, to emphasise the non-partisan nature of the trials, appointed Maxwell Fyfe his deputy. However, Shawcross was largely committed to his political duties in Westminster
and played little part other than delivering the opening and closing speeches. Maxwell Fyfe took on most of the day-to-day responsibilities as "capable lawyer, efficient administrator and concerned housemaster". There were misgivings in some quarters as to how Fyfe would perform, cross-examination
not being regarded as one of his strengths. However his cross-examination of Hermann Göring
is one of the most noted cross-examinations in history. "Faced with sustained and methodical competence rather than brilliance, Goering ... crumbled".
while simultaneously pursuing a full, busy and successful career at the Bar
. Reputedly, he would arrive at the House of Commons at around 5.00 pm, often stay throughout debates that lasted all night then, after a quick shave and breakfast, leave for court. He was ably assisted in his punishing schedule by his wife, herself a Conservative Party worker.
Maxwell Fyfe played a leading role in drafting the Party's Industrial Charter
of 1947 and chaired the committee into Conservative Party organisation that resulted in the Maxwell Fyfe Report (1948-49). The report shifted the balance of electoral funding from the candidate to the Party, with the intention of broadening the diversity
of MPs. In practice, it may have had the effect of lending more power to constituency
parties and making candidates more uniform.
He was notable Conservative supporter of Labour's 1948 British Nationality Act which reaffirmed the rights of Commonwealth citizens to enter Britain without restriction, showing a commitment to the unity and indivisibility of the empire. "We are proud that we impose no colour bar restrictions making it difficult for them when they arrive here... we must maintain the great metropolitan tradition of hospitality to everyone from every part of our Empire"
Maxwell Fyfe was a champion of European integration
and a member of the Parliamentary Assembly of the Council of Europe
from August 1949 to May 1952, becoming the Chair of the Assembly's Committee on Legal and Administrative Questions, and rapporteur
on the committee drafting the European Convention on Human Rights
. In his memoirs he criticised Sir Anthony Eden
for a negative stance that derailed the UK's opportunity to become a leader in Europe. Eden always rejected this and considered a libel action against Maxwell Fyfe.
, Maxwell Fyfe caused a stir when appeared to hint in a radio interview that a Conservative government might legislate to curb the power of trade union
s. When the Conservative Party was returned to power in the election, Churchill thought it unwise to appoint him Minister of Labour, and Maxwell Fyfe became both Home Secretary and cabinet minister for Welsh affairs. He was responsible for guiding several complicated pieces of legislation through the Commons, in particular those that established commercial television. He gained a reputation as a hard-working, thorough and reliable cabinet member.
During his tenure as Home Secretary, he was embroiled in the controversy surrounding the hanging
of Derek Bentley
. Maxwell Fyfe had controversially refused to grant a reprieve to Bentley despite the written petitions of 200 MPs and the fact that Bentley was mentally retarded having a mental age of only 11. However, on most issues he was on the progressive wing of the Conservative Party, opposing the 1953 proposals for the re-introduction of corporal punishment
.
Maxwell Fyfe remained ambitious and a 1954 Daily Mirror opinion poll
, on the popular favourite to succeed Churchill as Party leader and prime minister
, had him behind Eden and Butler but well ahead of Macmillan. However, once it was clear that Eden was to be Churchill's successor, he sought the office of Lord Chancellor
.
In 1954 he was raised to the peerage as Viscount Kilmuir, of Creich in the County of Sutherland, and moved to the House of Lords
and the "woolsack
". Lord Kilmuir was a political Lord Chancellor, not restricting himself to his judicial role. He worked on many government issues including the constitution
of Malta
, which he wanted to become part of the UK, and the creation of the Restrictive Practices Court
. In his eight years in the post he only sat as a judge on 24 appeal
s to the House of Lords
. Lord Kilmuir opposed Sidney Silverman's 1956 private member's bill
to abolish capital punishment
. He described it as "an unwise and dangerous measure, the presence of which on the statute book would be a disaster for the country and a menace to the people". However, Kilmuir chaired the cabinet committee that recommended limiting the death penalty's scope and which led to the Homicide Act 1957
. He feared the consequences of immigration to the United Kingdom and presented a report to the cabinet in 1956. Lord Kilmuir contended that the military intervention in the 1956 Suez Crisis
was justified under the self-defence provisions of Article 51 of the United Nations Charter
.
A conservative on the death penalty, Kilmuir was likewise conservative on the issue of homosexual rights, and led the opposition in the House of Lords to the implementation of the Wolfenden Committee report, which had recommended the decriminalisation of homosexual acts between consenting adults.
This was ironic, says Geraldine Bedell, since it was he, while Home Secretary, who had set up the committee to consider whether the law should be changed. As Bedell also notes: "Perhaps he thought, by handing over to a committee, to shelve the issue. Perhaps he assumed Wolfenden would find against, in which case, he chose a curious chairman, because Wolfenden had a gay son, Jeremy." Kilmuir still opposed liberalisation when a bill was introduced in the Lords (by Lord Arran
) in 1965. Says Bedell: "For the opposition, Lord Kilmuir warned against licensing the 'buggers' clubs' which he claimed were operating behind innocent-looking doors all over London." Maxwell Fyfe told the Conservative backbencher Sir Robert Boothby
that it was not his intention to legalise homosexuality: "I am not going down in history", he told Boothby, "as the man who made sodomy
legal"
He continued in this office in the governments of Anthony Eden
and Harold Macmillan
until Macmillan's 1962 "Night of the Long Knives
", when he was abruptly replaced by Sir Reginald Manningham-Buller, the Attorney-General. Kilmuir was made Baron Fyfe of Dornoch, of Dornoch in the County of Sutherland, and Earl of Kilmuir to cushion the blow of retirement.
of Plessey
but his health soon declined. He died at Withyham
, Sussex
and was cremated
. His ashes were buried at the church of St Michael and All Angels at Withyham. His wealth at death was £22,202 and his titles, which could pass only to sons, became extinct, as he had fathered only daughters.
in 1925 and they had three daughters, one of whom pre-deceased him. His brother-in-law
was the actor
Sir Rex Harrison.
Kilmuir was a formidable parliamentary presence on behalf of his party, and his remarkable memory compensated for a dull speaking style, though he was capable of passion when the circumstances were right. In appearance, "His body was pear-shaped, and beneath a large square bald head there were dark heavy eyebrows and a face of middle-eastern pallor and swarthiness".
As Home Secretary, he often travelled to Wales
and, in the valleys of South Wales he was nicknamed Dai Bananas, Fyffes
being, then as now, one of Britain's major importers of the fruit.
Royal Victorian Order
The Royal Victorian Order is a dynastic order of knighthood and a house order of chivalry recognising distinguished personal service to the order's Sovereign, the reigning monarch of the Commonwealth realms, any members of her family, or any of her viceroys...
, PC, KC
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...
, (29 May 1900 – 27 January 1967), known as Sir David Maxwell Fyfe from 1942 to 1954 and as The Viscount Kilmuir from 1954 to 1962, 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...
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...
politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
, lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
who combined an industrious and precocious legal career with political ambitions that took him to the offices of Solicitor General
Solicitor General for England and Wales
Her Majesty's Solicitor General for England and Wales, often known as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law...
, 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...
, Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
and Lord High Chancellor of Great Britain.
One of the prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
s at the Nuremberg Trials
Nuremberg Trials
The Nuremberg Trials were a series of military tribunals, held by the victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany....
, he was instrumental in drafting 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...
. However, he was also a controversial Home Secretary who refused clemency to commute Derek Bentley
Derek Bentley
Derek William Bentley was a British teenager hanged for the murder of a police officer, committed in the course of a burglary attempt. The murder of the police officer was committed by a friend and accomplice of Bentley's, Christopher Craig, then aged 16. Bentley was convicted as a party to the...
's highly controversial death sentence
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...
. His political ambitions were ultimately dashed in Harold Macmillan
Harold Macmillan
Maurice Harold Macmillan, 1st Earl of Stockton, OM, PC was Conservative Prime Minister of the United Kingdom from 10 January 1957 to 18 October 1963....
's cabinet
Cabinet of the United Kingdom
The Cabinet of the United Kingdom is the collective decision-making body of Her Majesty's Government in the United Kingdom, composed of the Prime Minister and some 22 Cabinet Ministers, the most senior of the government ministers....
reshuffle
Cabinet shuffle
In the parliamentary system a cabinet shuffle or reshuffle is an informal term for an event that occurs when a head of government rotates or changes the composition of ministers in their cabinet....
of July 1962.
Early life
Born in EdinburghEdinburgh
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...
, the only son of William Thomson Fyfe, Headmaster of Aberdeen Grammar School, by his second wife Isabella Campbell, dau. of David Campbell, of Dornoch, co. Sutherland, he was educated at 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...
and Balliol College, Oxford
Balliol College, Oxford
Balliol College , founded in 1263, is one of the constituent colleges of the University of Oxford in England but founded by a family with strong Scottish connections....
, where, owing to his self confessed interest in politics, he achieved only a third-class degree in Greats. After graduation, he went on to work for the British Commonwealth Union
British Commonwealth Union
The British Commonwealth Union was a protectionist organisation formed in the United Kingdom in 1916 to "found a solid business group in parliament" and to "press for the protective tariffs and restrictions on imports discussed at the Paris Economic Conference of 1916 and in the Balfour of...
as political secretary to Sir Patrick Hannon
Patrick Hannon
Sir Patrick Joseph Henry Hannon FRGS FRSA was an Anglo-Irish Conservative Party politician, industrialist and agriculturalist. He served as Member of Parliament for Birmingham Moseley from 1921 to 1950 and was active in the British Commonwealth Union.-Education in agriculture:Hannon was the...
MP
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,...
, studying law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
in his spare time. He entered Gray's Inn
Gray'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...
and was called to the bar in 1922. He became a pupil
Pupillage
A pupillage, in England and Wales, Northern Ireland and Ireland, is the barrister's equivalent of the training contract that a solicitor undertakes...
of George Lynskey
George Lynskey
Sir George Justin Lynskey was an English judge, particularly remembered for his role in investigating the political scandal that led to the eponymous Lynskey tribunal.-Early life:...
in Liverpool
Liverpool
Liverpool is a city and metropolitan borough of Merseyside, England, along the eastern side of the Mersey Estuary. It was founded as a borough in 1207 and was granted city status in 1880...
then joined his chambers to practise.
Not pausing before beginning his political career in earnest, he stood for Wigan
Wigan (UK Parliament constituency)
Wigan 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...
in 1924
United Kingdom general election, 1924
- Seats summary :- References :* F. W. S. Craig, British Electoral Facts: 1832-1987* - External links :* * *...
, a parliamentary seat unwinnable for the Conservatives. Undeterred, he cultivated the more winnable Spen Valley
Spen Valley (UK Parliament constituency)
Spen Valley was a parliamentary constituency in the valley of the River Spen in West Yorkshire. It returned one Member of Parliament to the House of Commons of the Parliament of the United Kingdom.-History:...
until 1929
United Kingdom general election, 1929
-Seats summary:-References:*F. W. S. Craig, British Electoral Facts: 1832-1987*-External links:***...
when the party resolved not to oppose sitting Liberal
Liberal Party (UK)
The Liberal Party was one of the two major political parties of the United Kingdom during the 19th and early 20th centuries. It was a third party of negligible importance throughout the latter half of the 20th Century, before merging with the Social Democratic Party in 1988 to form the present day...
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,...
(MP) Sir John Simon
John Simon, 1st Viscount Simon
John Allsebrook Simon, 1st Viscount Simon GCSI GCVO OBE PC was a British politician who held senior Cabinet posts from the beginning of the First World War to the end of the Second. He is one of only three people to have served as Home Secretary, Foreign Secretary and Chancellor of the Exchequer,...
while he was absent on the Simon Commission
Simon Commission
The Indian Statutory Commission was a group of seven British Members of Parliament that had been dispatched to India in 1927 to study constitutional reform in Britain's most important colonial dependency. It was commonly referred to as the Simon Commission after its chairman, Sir John Simon...
in India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
. Maxwell Fyfe was finally elected to parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
in Liverpool West Derby in a by-election in July 1935.
Meanwhile, Maxwell Fyfe's legal career had prospered, largely through his capacity for hard work. In 1934 he had become King'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...
, the youngest in 250 years. He was Recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
of Oldham
Oldham
Oldham is a large town in Greater Manchester, England. It lies amid the Pennines on elevated ground between the rivers Irk and Medlock, south-southeast of Rochdale, and northeast of the city of Manchester...
from 1936 to 1942.
Early political career
Maxwell Fyfe, along with Patrick SpensPatrick Spens
Patrick Spens may refer to:*Patrick Spens, 1st Baron Spens 1885–1973*Sir Patrick Spens, an old ballad...
, Derrick Gunston and others, backed the National Government over the Hoare-Laval Pact
Hoare-Laval Pact
The Hoare-Laval Pact was a December 1935 proposal by British Foreign Secretary Samuel Hoare and French Prime Minister Pierre Laval for ending the Second Italo-Abyssinian War. Italy had wanted to take Abyssinia as part of its empire, and have an empire like the Romans had, and also to avenge...
, and he supported Neville Chamberlain
Neville Chamberlain
Arthur Neville Chamberlain FRS was a British Conservative politician who served as Prime Minister of the United Kingdom from May 1937 to May 1940. Chamberlain is best known for his appeasement foreign policy, and in particular for his signing of the Munich Agreement in 1938, conceding the...
over the Munich Agreement
Munich Agreement
The Munich Pact was an agreement permitting the Nazi German annexation of Czechoslovakia's Sudetenland. The Sudetenland were areas along Czech borders, mainly inhabited by ethnic Germans. The agreement was negotiated at a conference held in Munich, Germany, among the major powers of Europe without...
. However, after the German occupation of Czechoslovakia
German occupation of Czechoslovakia
German occupation of Czechoslovakia began with the Nazi annexation of Czechoslovakia's northern and western border regions, known collectively as the Sudetenland, under terms outlined by the Munich Agreement. Nazi leader Adolf Hitler's pretext for this effort was the alleged privations suffered by...
in March 1939, Maxwell Fyfe joined the Territorial Army and, at the outbreak of 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...
in September, he was deployed to the Judge Advocate-General's department. He was badly injured in an air raid
Airstrike
An air strike is an attack on a specific objective by military aircraft during an offensive mission. Air strikes are commonly delivered from aircraft such as fighters, bombers, ground attack aircraft, attack helicopters, and others...
in September 1940. In May 1941 Maxwell Fyfe became deputy to R. A. Butler's chairmanship of a Conservative Party committee to analyse forthcoming post-war problems, taking over from Butler in July 1943.
Into government and on to Nuremberg
Winston Churchill
Sir Winston Leonard Spencer-Churchill, was a predominantly Conservative British politician and statesman known for his leadership of the United Kingdom during the Second World War. He is widely regarded as one of the greatest wartime leaders of the century and served as Prime Minister twice...
, on the advice of Brendan Bracken, appointed Maxwell Fyfe Solicitor-General
Solicitor General for England and Wales
Her Majesty's Solicitor General for England and Wales, often known as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law...
. At the same time he was knight
Knight
A knight was a member of a class of lower nobility in the High Middle Ages.By the Late Middle Ages, the rank had become associated with the ideals of chivalry, a code of conduct for the perfect courtly Christian warrior....
ed and sworn to the Privy Council
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...
. He applied himself to his work in the wartime coalition government with enormous industry and began some of the thinking and planning about how the leaders of the Nazi regime in Germany might be brought to account after the war. As part of his duties, on 8 April 1945, he attended an Anglo-American discussion over the war crimes trial, at which, says historian Richard Overy
Richard Overy
Richard Overy is a British historian who has published extensively on the history of World War II and the Third Reich. In 2007 as The Times editor of Complete History of the World he chose the 50 key dates of world history....
, "he presented the standard British argument for summary execution." Whether Maxwell Fyfe believed such executions were the best method of dealing with the Nazis may be doubted, in view of his later work at the Nuremberg Trials
Nuremberg Trials
The Nuremberg Trials were a series of military tribunals, held by the victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany....
; at the time, however, as a member of the government he had little choice but to follow the lead of the Prime Minister, Churchill, who repeatedly urged that summary justice be visited upon on the Nazi leaders. When the war ended and the coalition was dissolved in May 1945, Maxwell Fyfe was briefly 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...
in Churchill's caretaker government.
The Labour Party
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...
won a landslide victory in the United Kingdom general election, 1945
United Kingdom general election, 1945
The United Kingdom general election of 1945 was a general election held on 5 July 1945, with polls in some constituencies delayed until 12 July and in Nelson and Colne until 19 July, due to local wakes weeks. The results were counted and declared on 26 July, due in part to the time it took to...
and Sir Hartley Shawcross became Attorney General and took responsibility as Britain's chief prosecutor in the Nuremberg Trials. Shawcross, to emphasise the non-partisan nature of the trials, appointed Maxwell Fyfe his deputy. However, Shawcross was largely committed to his political duties in Westminster
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
and played little part other than delivering the opening and closing speeches. Maxwell Fyfe took on most of the day-to-day responsibilities as "capable lawyer, efficient administrator and concerned housemaster". There were misgivings in some quarters as to how Fyfe would perform, cross-examination
Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect .- Variations by Jurisdiction :In...
not being regarded as one of his strengths. However his cross-examination of Hermann Göring
Hermann Göring
Hermann Wilhelm Göring, was a German politician, military leader, and a leading member of the Nazi Party. He was a veteran of World War I as an ace fighter pilot, and a recipient of the coveted Pour le Mérite, also known as "The Blue Max"...
is one of the most noted cross-examinations in history. "Faced with sustained and methodical competence rather than brilliance, Goering ... crumbled".
Opposition
After Nuremberg, Maxwell Fyfe returned to parliament to shadow the Minister of LabourSecretary of State for Employment
The Secretary of State for Employment was a position in the Cabinet of the United Kingdom. In 1995 it was merged with Secretary of State for Education to make the Secretary of State for Education and Employment...
while simultaneously pursuing a full, busy and successful career at the Bar
Bar 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...
. Reputedly, he would arrive at the House of Commons at around 5.00 pm, often stay throughout debates that lasted all night then, after a quick shave and breakfast, leave for court. He was ably assisted in his punishing schedule by his wife, herself a Conservative Party worker.
Maxwell Fyfe played a leading role in drafting the Party's Industrial Charter
Industrial Charter
The Industrial Charter: A Statement of Conservative Industrial Policy was a 1947 pamphlet and policy statement by the United Kingdom Conservative Party in which the party reconciled itself with the radical social changes introduced by the Labour Party government following the United Kingdom general...
of 1947 and chaired the committee into Conservative Party organisation that resulted in the Maxwell Fyfe Report (1948-49). The report shifted the balance of electoral funding from the candidate to the Party, with the intention of broadening the diversity
Diversity (politics)
In the political arena, the term diversity is used to describe political entities with members who have identifiable differences in their backgrounds or lifestyles....
of MPs. In practice, it may have had the effect of lending more power to constituency
United Kingdom constituencies
In the United Kingdom , each of the electoral areas or divisions called constituencies elects one or more members to a parliament or assembly.Within the United Kingdom there are now five bodies with members elected by constituencies:...
parties and making candidates more uniform.
He was notable Conservative supporter of Labour's 1948 British Nationality Act which reaffirmed the rights of Commonwealth citizens to enter Britain without restriction, showing a commitment to the unity and indivisibility of the empire. "We are proud that we impose no colour bar restrictions making it difficult for them when they arrive here... we must maintain the great metropolitan tradition of hospitality to everyone from every part of our Empire"
Maxwell Fyfe was a champion of European integration
European integration
European integration is the process of industrial, political, legal, economic integration of states wholly or partially in Europe...
and a member of the Parliamentary Assembly of the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
from August 1949 to May 1952, becoming the Chair of the Assembly's Committee on Legal and Administrative Questions, and rapporteur
Rapporteur
Rapporteur is used in international and European legal and political contexts to refer to a person appointed by a deliberative body to investigate an issue or a situation....
on the committee drafting 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...
. In his memoirs he criticised Sir Anthony Eden
Anthony Eden
Robert Anthony Eden, 1st Earl of Avon, KG, MC, PC was a British Conservative politician, who was Prime Minister from 1955 to 1957...
for a negative stance that derailed the UK's opportunity to become a leader in Europe. Eden always rejected this and considered a libel action against Maxwell Fyfe.
Return to government
Shorty before the United Kingdom general election, 1951United 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...
, Maxwell Fyfe caused a stir when appeared to hint in a radio interview that a Conservative government might legislate to curb the power of trade union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
s. When the Conservative Party was returned to power in the election, Churchill thought it unwise to appoint him Minister of Labour, and Maxwell Fyfe became both Home Secretary and cabinet minister for Welsh affairs. He was responsible for guiding several complicated pieces of legislation through the Commons, in particular those that established commercial television. He gained a reputation as a hard-working, thorough and reliable cabinet member.
During his tenure as Home Secretary, he was embroiled in the controversy surrounding the hanging
Hanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...
of Derek Bentley
Derek Bentley
Derek William Bentley was a British teenager hanged for the murder of a police officer, committed in the course of a burglary attempt. The murder of the police officer was committed by a friend and accomplice of Bentley's, Christopher Craig, then aged 16. Bentley was convicted as a party to the...
. Maxwell Fyfe had controversially refused to grant a reprieve to Bentley despite the written petitions of 200 MPs and the fact that Bentley was mentally retarded having a mental age of only 11. However, on most issues he was on the progressive wing of the Conservative Party, opposing the 1953 proposals for the re-introduction of corporal punishment
Judicial corporal punishment
Judicial corporal punishment refers to the infliction of corporal punishment as a result of a sentence by a court of law. The punishment can be flogging, caning, birching, whipping, or strapping...
.
Maxwell Fyfe remained ambitious and a 1954 Daily Mirror opinion poll
Opinion poll
An opinion poll, sometimes simply referred to as a poll is a survey of public opinion from a particular sample. Opinion polls are usually designed to represent the opinions of a population by conducting a series of questions and then extrapolating generalities in ratio or within confidence...
, on the popular favourite to succeed Churchill as Party leader and prime minister
Prime Minister of the United Kingdom
The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the Head of Her Majesty's Government in the United Kingdom. The Prime Minister and Cabinet are collectively accountable for their policies and actions to the Sovereign, to Parliament, to their political party and...
, had him behind Eden and Butler but well ahead of Macmillan. However, once it was clear that Eden was to be Churchill's successor, he sought the office of Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
.
In 1954 he was raised to the peerage as Viscount Kilmuir, of Creich in the County of Sutherland, and moved to 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....
and the "woolsack
Woolsack
The Woolsack is the seat of the Lord Speaker in the House of Lords, the Upper House of the Parliament of the United Kingdom. From the Middle Ages until 2006, the presiding officer in the House of Lords was the Lord Chancellor and the Woolsack was usually mentioned in association with the office of...
". Lord Kilmuir was a political Lord Chancellor, not restricting himself to his judicial role. He worked on many government issues including the constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
of Malta
Malta
Malta , officially known as the Republic of Malta , is a Southern European country consisting of an archipelago situated in the centre of the Mediterranean, south of Sicily, east of Tunisia and north of Libya, with Gibraltar to the west and Alexandria to the east.Malta covers just over in...
, which he wanted to become part of the UK, and the creation of the Restrictive Practices Court
Restrictive Practices Court
The Restrictive Practices Court is a senior court of record in the United Kingdom. It was created in 1956 to foster competition through enforcement of the Restrictive Trade Practices Act 1956. Though the Court was overhauled in 1976, by the end of the century, the legislation was perceived as...
. In his eight years in the post he only sat as a judge on 24 appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s to 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...
. Lord Kilmuir opposed Sidney Silverman's 1956 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...
to abolish 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 described it as "an unwise and dangerous measure, the presence of which on the statute book would be a disaster for the country and a menace to the people". However, Kilmuir chaired the cabinet committee that recommended limiting the death penalty's scope and which led to the Homicide Act 1957
Homicide Act 1957
The Homicide Act 1957 is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice , reforming the partial defence of provocation, and by introducing the partial defences...
. He feared the consequences of immigration to the United Kingdom and presented a report to the cabinet in 1956. Lord Kilmuir contended that the military intervention in the 1956 Suez Crisis
Suez Crisis
The Suez Crisis, also referred to as the Tripartite Aggression, Suez War was an offensive war fought by France, the United Kingdom, and Israel against Egypt beginning on 29 October 1956. Less than a day after Israel invaded Egypt, Britain and France issued a joint ultimatum to Egypt and Israel,...
was justified under the self-defence provisions of Article 51 of the United Nations Charter
United Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
.
A conservative on the death penalty, Kilmuir was likewise conservative on the issue of homosexual rights, and led the opposition in the House of Lords to the implementation of the Wolfenden Committee report, which had recommended the decriminalisation of homosexual acts between consenting adults.
This was ironic, says Geraldine Bedell, since it was he, while Home Secretary, who had set up the committee to consider whether the law should be changed. As Bedell also notes: "Perhaps he thought, by handing over to a committee, to shelve the issue. Perhaps he assumed Wolfenden would find against, in which case, he chose a curious chairman, because Wolfenden had a gay son, Jeremy." Kilmuir still opposed liberalisation when a bill was introduced in the Lords (by Lord Arran
Arthur Gore, 8th Earl of Arran
Arthur Gore was a Conservative whip in the House of Lords. His father was Arthur Gore, 6th Earl of Arran. He was the father of Arthur Gore, 9th Earl of Arran....
) in 1965. Says Bedell: "For the opposition, Lord Kilmuir warned against licensing the 'buggers' clubs' which he claimed were operating behind innocent-looking doors all over London." Maxwell Fyfe told the Conservative backbencher Sir Robert Boothby
Robert Boothby
Robert John Graham Boothby, Baron Boothby, KBE was a controversial British Conservative politician.-Early life:...
that it was not his intention to legalise homosexuality: "I am not going down in history", he told Boothby, "as the man who made sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
legal"
He continued in this office in the governments of Anthony Eden
Anthony Eden
Robert Anthony Eden, 1st Earl of Avon, KG, MC, PC was a British Conservative politician, who was Prime Minister from 1955 to 1957...
and Harold Macmillan
Harold Macmillan
Maurice Harold Macmillan, 1st Earl of Stockton, OM, PC was Conservative Prime Minister of the United Kingdom from 10 January 1957 to 18 October 1963....
until Macmillan's 1962 "Night of the Long Knives
Night of the Long Knives (1962)
The epithet Night of the Long Knives is given to July 13, 1962, when the British Prime Minister Harold Macmillan sacked the following members of his Cabinet:*Lord Kilmuir — Lord Chancellor*Selwyn Lloyd — Chancellor of the Exchequer...
", when he was abruptly replaced by Sir Reginald Manningham-Buller, the Attorney-General. Kilmuir was made Baron Fyfe of Dornoch, of Dornoch in the County of Sutherland, and Earl of Kilmuir to cushion the blow of retirement.
After government
After government, Kilmuir joined the board of directorsBoard of directors
A board of directors is a body of elected or appointed members who jointly oversee the activities of a company or organization. Other names include board of governors, board of managers, board of regents, board of trustees, and board of visitors...
of Plessey
Plessey
The Plessey Company plc was a British-based international electronics, defence and telecommunications company. It originated in 1917, growing and diversifying into electronics. It expanded after the second world war by acquisition of companies and formed overseas companies...
but his health soon declined. He died at Withyham
Withyham
Withyham is a village and large civil parish in the Wealden district of East Sussex, England. The village is situated 10 miles south west of Tunbridge Wells and 3.5 miles from Crowborough; the parish covers approximately .-Geography:Withyham parish lies on the edge of Weald, in the...
, Sussex
Sussex
Sussex , from the Old English Sūþsēaxe , is an historic county in South East England corresponding roughly in area to the ancient Kingdom of Sussex. It is bounded on the north by Surrey, east by Kent, south by the English Channel, and west by Hampshire, and is divided for local government into West...
and was cremated
Cremation
Cremation is the process of reducing bodies to basic chemical compounds such as gasses and bone fragments. This is accomplished through high-temperature burning, vaporization and oxidation....
. His ashes were buried at the church of St Michael and All Angels at Withyham. His wealth at death was £22,202 and his titles, which could pass only to sons, became extinct, as he had fathered only daughters.
Family and personality
He married Sylvia HarrisonSylvia Sackville, Countess De La Warr
Sylvia Sackville, Countess De La Warr DBE was a distinguished public servant and a former Vice Chairman of the Conservative Party ....
in 1925 and they had three daughters, one of whom pre-deceased him. His brother-in-law
Brother-in-law
A brother-in-law is the brother of one's spouse, the husband of one's sibling, or the husband of one's spouse's sibling.-See also:*Affinity *Sister-in-law*Brothers in Law , a 1955 British comedy novel...
was the actor
Actor
An actor is a person who acts in a dramatic production and who works in film, television, theatre, or radio in that capacity...
Sir Rex Harrison.
Kilmuir was a formidable parliamentary presence on behalf of his party, and his remarkable memory compensated for a dull speaking style, though he was capable of passion when the circumstances were right. In appearance, "His body was pear-shaped, and beneath a large square bald head there were dark heavy eyebrows and a face of middle-eastern pallor and swarthiness".
As Home Secretary, he often travelled to Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
and, in the valleys of South Wales he was nicknamed Dai Bananas, Fyffes
Fyffes
-History:In the 1870s Thomas Fyffe, a London food wholesaler, went into partnership with a fruit dealer named Hudson who had connections in the Canary Islands. In 1878 they shipped their first cargo of bananas to England. Within five years the business had become so successful that they purchased...
being, then as now, one of Britain's major importers of the fruit.
Honours
Among his honours were:- Knight Grand Cross in the Royal Victorian OrderRoyal Victorian OrderThe Royal Victorian Order is a dynastic order of knighthood and a house order of chivalry recognising distinguished personal service to the order's Sovereign, the reigning monarch of the Commonwealth realms, any members of her family, or any of her viceroys...
(1953); - Honorary degreeHonorary degreeAn honorary degree or a degree honoris causa is an academic degree for which a university has waived the usual requirements, such as matriculation, residence, study, and the passing of examinations...
s including:- University of OxfordUniversity of OxfordThe University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
; - University of ManitobaUniversity of ManitobaThe University of Manitoba , in Winnipeg, Manitoba, Canada, is the largest university in the province of Manitoba. It is Manitoba's most comprehensive and only research-intensive post-secondary educational institution. It was founded in 1877, making it Western Canada’s first university. It placed...
; - University of EdinburghUniversity of EdinburghThe 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...
; - University of WalesUniversity of WalesThe University of Wales was a confederal university founded in 1893. It had accredited institutions throughout Wales, and formerly accredited courses in Britain and abroad, with over 100,000 students, but in October 2011, after a number of scandals, it withdrew all accreditation, and it was...
;
- University of Oxford
- VisitorVisitorA Visitor, in United Kingdom law and history, is an overseer of an autonomous ecclesiastical or eleemosynary institution , who can intervene in the internal affairs of that institution...
of St Antony's College, OxfordSt Antony's College, OxfordSt Antony's College is one of the constituent colleges of the University of Oxford in England.St Antony's is the most international of the seven all-graduate colleges of the University of Oxford, specialising in international relations, economics, politics, and history of particular parts of the...
(1953); and - RectorRectorThe word rector has a number of different meanings; it is widely used to refer to an academic, religious or political administrator...
of the University of St AndrewsUniversity of St AndrewsThe University of St Andrews, informally referred to as "St Andrews", is the oldest university in Scotland and the third oldest in the English-speaking world after Oxford and Cambridge. The university is situated in the town of St Andrews, Fife, on the east coast of Scotland. It was founded between...
(1956).
Styles
- David Maxwell Fyfe, Esq. (–1934)
- David Maxwell Fyfe, Esq., KC (1934–35)
- David Maxwell Fyfe, Esq., KC, MP (1935–42)
- Sir David Maxwell Fyfe, KC, MP (1942–45)
- The Rt Hon. Sir David Maxwell Fyfe, KC, MP (1945–52)
- The Rt Hon. Sir David Maxwell Fyfe, QC, MP (1952–53)
- The Rt Hon. Sir David Maxwell Fyfe, GCVO, QC, MP (1953–54)
- The Rt Hon. The Viscount Kilmuir, GCVO, PC (1954–62)
- The Rt Hon. The Earl of Kilmuir, GCVO, PC (1962–67)
Portrayal in drama
David Maxwell Fyfe has been portrayed by the following actors in film, television and theatre productions;- Iain CuthbertsonIain CuthbertsonIain Cuthbertson was a Scottish character actor. At 6' 4", he was known for his tall imposing build and also his distinctive "gravelly" heavily accented voice.-Early life:...
in the 1991 British/French film Let Him Have ItLet Him Have ItLet Him Have It is a 1991 British film, which was based on the true story of the case against Derek Bentley, who was hanged for murder under controversial circumstances on 28 January 1953. While Bentley did not directly play a role in the murder of PC Sidney Miles, he received the greater... - Christopher PlummerChristopher PlummerArthur Christopher Orne Plummer, CC is a Canadian theatre, film and television actor. He made his film debut in 1957's Stage Struck, and notable early film performances include Night of the Generals, The Return of the Pink Panther and The Man Who Would Be King.In a career that spans over five...
in the 2000 Canadian/U.S. TV production NurembergNuremberg (2000 film)Nuremberg is a 2000 Canadian/United States television docudrama, based on the book Nuremberg: Infamy on Trial by Joseph E. Persico, that tells the story of the Nuremberg Trials.-Part one:... - Julian WadhamJulian Wadham-Career:He has appeared on television as both Charles II and George V...
in the 2006 British television docudrama Nuremberg: Nazis on TrialNuremberg: Nazis on TrialNuremberg: Nazis on Trial, is a BBC documentary film series consisting of three one-hour films that re-enact the Nuremberg War Trials of Albert Speer, Hermann Göring and Rudolf Hess... - Mel SmithMel SmithMelvin Kenneth "Mel" Smith is an English comedian, writer, film director, producer, and actor. He is most famous for his work on the sketch comedy shows Not the Nine O'Clock News and Alas Smith and Jones along with his comedy partner Griff Rhys Jones.- Early life :Smith's father, Kenneth, was born...
in the 2007 British television drama Consenting AdultsConsenting Adults (BBC)Consenting Adults is a 2007 BBC Four television dramatisation of the events of the Wolfenden committee, whose report led to the decriminalisation of homosexuality in Britain... - John WarnabyJohn WarnabyJohn Warnaby is a British actor who has appeared extensively in film and television.In Nicholas de Jongh's 2009 stage hit in London Plague Over England, Warnaby plays both 1950s Home Secretary David Maxwell Fyfe and an acerbic theatre critic.-References:...
in Nicholas de JonghNicholas de JonghNicholas de Jongh is a British theatre critic and playwright. He served as the senior drama critic of the Evening Standard from 1991 to 2009. Prior to that, he worked for the Guardian newspaper for almost 20 years...
's stage play, Plague Over England (London, 2009)