David Hope, Baron Hope of Craighead

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The Right Honourable
The Lord Hope of Craighead
KT PC FRSE
Official portrait of Lord Hope of Craighead crop 2.jpg
Hope in 2018
Convenor of the Crossbench Peers
In office
28 September 2015 –September 2019

1989: handling of homosexual judge scandal

On 22 December 1989 Lord Dervaird, a Scottish judge, resigned from the bench after a mere two years’ service. [27] On 17 January 1990 the press reported that three senior Scottish judges had been questioned by Lord Hope, the Lord President, as to their possible involvement in vice rings or homosexual behaviour. [28] This reportage arose because Lord Hope had called a meeting of newspaper editors at his Edinburgh home in which he detailed the rumours "unattributively" regarding three Court of Session judges (out of a then total of 24 judges). [29] This meeting caused the scandals to be "splashed across the front pages." [30] By December 2016 government papers covering these events had been declassified and were now available to the public. This resulted in human rights campaigner Peter Tatchell demanding an apology from Malcolm Rifkind, the former Scottish Secretary, for his actions in forcing Lord Dervaird from judicial office because of rumours of his being homosexual. [31] Dervaird’s sudden resignation followed almost immediately on a meeting between himself, Rifkind and Lord Hope. Margaret Thatcher, the then prime minister, was informed that Rifkind and Lord Hope considered that Dervaird should be asked to resign. It was this pressure to resign that was the subject of Peter Tatchell's complaint.

2011: accusations of xenophobia and implied breach of judicial oath against the Scottish judiciary

Lord Hope of Craighead, then deputy President of the UK Supreme Court, created a sensation in November 2011 by allegedly suggesting that Scottish Judges were clandestinely hostile to cases being reviewed on appeal to the Supreme Court in London. [32] He was reported by Lucy Adams of the Glasgow Herald as saying: "There is [in England and Wales] none of the feeling of antipathy  towards cases being sent to London that lies just below the surface here in Scotland." [33] These words were subsequently described by Lord Hope of Craighead as misreported or not said at all, despite the journalist publicly offering a recording. [34] The version of the speech Lord Hope of Craighead approved for posting on the Supreme Court website does not include the contested wording. [35] He maintained in response a complete news blackout at a subsequent speech-giving in Glasgow a month later. [34]

This speech was also described as "an unprecedented counter-attack on the Scottish Government for its assault on the jurisdiction of the Supreme Court earlier this year." [36] The memorial lecture by Lord Hope of Craighead contains key passages as though hearsay from the mouth of the recently deceased Lord Rodger of Earlsferry either as from a private conversation (no public trace of the alleged views being known) or as Lord Hope of Craighead's anticipation of what Lord Rodger of Earlsferry would have said. [37]

2012, 2013: promotion of Baroness Hale within the Supreme Court

Despite the serious professional differences and disparaging personal remarks regarding Baroness Hale of Richmond (see below under Lord Hope of Craighead's anti-women's agenda stance), Lord Hope of Craighead failed to recuse himself from selection panels for important judicial appointments (1) in 2012 for the position of President of the Supreme Court, and (2) in 2013 on Lord Hope of Craighead's own retirement for the position of Deputy President of the Supreme Court. [38] For each of these positions a small number of candidates were interviewed, including in both cases Baroness Hale of Richmond, who was a very senior justice whose appointment to the highest court dated from the pre-Supreme Court House of Lords. The UK Commission for Judicial Appointments did not make these specific appointments but in cases where they do appoint, they are obliged to "operate in a way that is fair and transparent." [39]

Long-standing fundamental differences of opinion and perspective with Supreme Court colleague Baroness Hale of Richmond, the first and at the time only female member of the Court, were revealed by Lord Hope of Craighead's diaries1996-2009 and following. [40] This provoked a "head on" response from Baroness Hale of Richmond in a major public lecture (at Girton College, Cambridge) in which she defended her view that women were equal to men, deserved the same rights and had a different perspective due to their different life experiences. [41] She responded to Lord Hope of Craighead's accusation of her having an "agenda": "So why is that ‘an agenda’? Quite simply, because we have not yet achieved the equality we seek in the law, let alone in life." [42] As at 2024 there has been no public apology from Lord Hope of Craighead, and no public rapprochement on this issue.

2020: allegations by Lord Hope of Craighead of judicial gerrymandering

Lord Hope of Craighead's diaries have been analysed by academic writer Lewis Graham. He highlights three incidents as described by the diary writer as together establishing a "deeply concerning" possibility and pattern of judges being included or excluded from hearing a case based on outcomes to be expected if they were to sit on specific important cases. Graham cites consideration by Hope of excluding Northern Irish Lord Kerr from a devolution case; successful lobbying, according to Lord Hope of Craighead, by Lord Hoffmann to exclude Baroness Hale of Richmond from a Jamaican death penalty appeal; and Lord Judge asking, according to Lord Hope of Craighead, to be included on a miscarriage of justice case in order to further his pre-existing views. Whilst accepting that the truth of Lord Hope of Craighead's account could be doubted, Graham observed that the mere possibility of it being correct "strikes at the heart of judicial neutrality and procedural fairness". [43]

2021: support for trade isolation of "genocidal" regimes

Lord Hope of Craighead was lauded by Iain Duncan Smith in his published attack on the Chinese government. Duncan Smith noted Lord Hope of Craighead's contribution of support in January 2021 to an amendment to the Trade Act 2021 whereby the government would be required to ensure "that the UK does not trade with genocidal regimes. Importantly, with the United Nations having shown itself incapable of making such decisions, the determination of whether genocide has taken place would be made by the High Court of England and Wales." [44]

2023: intervention limiting the right to protest abortions

In 2023 Lord Hope of Craighead introduced an amendment to the "highly controversial" Public Order Bill at the report stage. The amendment was adopted by the Conservative government. [45] It was designed to affect policing around abortion clinics. Police were to intervene where there was "serious disruption". The amendment widely defined this as any activity that "prevents or would hinder to more than a minor degree the individuals or the organisation from carrying out their daily activities." [46]

In January 2023 Lord Hope of Craighead was widely reported for spontaneously intervening publicly against proposals by the Scottish government to liberalise conditions for changes in the legal status of transgender people. [47] [48] Asked about Lord Hope of Craighead's suggestion that legal challenge to a Westminster government veto would be a waste of money, Scottish First Minister Humza Yousaf stated that it was not a waste of money because he was "not prepared to accept a Westminster veto over legislation that was passed by a majority". [49]

2024: counterattack by senior judiciary on Lord Hope's Diaries

In 2024 the Society of Legal Scholars published the results of an academic investigation by way of semi-structured interviews given by 13 very senior judicial figures from across the United Kingdom, some attributed and some anonymously. [50] The actions of Lord Hope of Craighead in disclosing judicial panel deliberations was a focus of the study. The disclosures by Lord Hope of Craighead were widely condemned by the interviewees as a transgression due to breach of collegiality or loyalty to other judges, and as constituting inappropriate conduct from a former judge. Additionally, the publishing of confidential deliberations was widely seen as potentially threatening “ the procedural and institutional legitimacy of the court.” [51] Only one person, Lord Brown of Eaton-under-Heywood, regarded Lord Hope of Craighead's disclosures as defensible. [52]

2024: intervention against the Scottish Government position on hate law

Lord Hope of Craighead in April 2024 gave an interview to the Times criticising the Scottish Government’s new law in the Hate Crime and Public Order (Scotland) Act. [53] The Act was highly controversial. [54] The new law was introduced following independent review recommendations by Lord Bracadale. [55] The purpose of the Act was to criminalise stirring up hatred towards vulnerable people and towards minority groups within society. Police Scotland maintained they were not adversely impacted by coping with the change, and would not be diverted from attending to serious crime. [56] [57] Lord Hope of Craighead claimed that the police carried an extraordinary burden and were being deluged.  He is reported as attacking the Act and claiming it should be repealed. [58] [59] He is also reported as accusing the Scottish Government of gesture politics. [60] Angela Constance, the Scottish justice secretary, maintained that the Act was necessary. [56] [57] Lord Hope of Craighead had at the material time no responsibilities in respect of Police Scotland, or ongoing administration of justice in Scotland.

2024: intervention in party political strife in England over Rwanda deportation proposals

Prime Minister Rishi Sunak’s Conservative government, on its second attempt to establish a deportation scheme to Rwanda for illegal migrants to the UK, faced determined opposition on the issue from the Labour party. [61] On 20 March 2024, Lord Hope of Craighead, as an independent peer (no longer leader of the cross-bench peers) successfully moved in the House of Lords an amendment of his own to the Safety of Rwanda (Asylum and Immigration) Bill whereby implementation of the contested legislation would be delayed pending the decision of a proposed panel of experts tasked with deciding whether Rwanda satisfied certain safeguarding criteria. [62] [63] [64] The amendment was removed by the House of Commons on Monday 15 April 2024 but reinstated in substance once again by the House of Lords on Wednesday 17 April 2024. [65] Speaking on the BBC radio programme “Today” on 18 April 2024, Lord Hope of Craighead defended his intervention on the basis that he was seeking to correct a defect in the legislation. [66]

2024: Opposition to Labour government’s proposal to retire members of the House of Lords at 80

The incoming Labour government in the King’s Speech of 2024 signalled its intention to reduce the numbers in the House of Lords (then approaching 800) in various ways including instituting a retirement age of 80 for all. [67] The 86-year-old Lord Hope of Craighead spoke against this, and was not willing to accept any mandatory retirement age. [68] [69]

Notable cases

As Deputy President of the Supreme Court

As Lord of Appeal in Ordinary

As Lord President

As Lord Justice General

Honours and Arms

The Lord Hope of Craighead became Chancellor of the University of Strathclyde in 1998 and was appointed a Fellow in 2000. He stepped down as Chancellor in October 2013. [71] He was awarded an honorary LL.D. by the university in 1993, and by the University of Aberdeen in 1991 and the University of Edinburgh in 1995.

In 2007, he was awarded the David Kelbie Award by the Institute of Contemporary Scotland. He was formerly an Honorary Professor of Law at the University of Aberdeen, and is an honorary member of the Canadian Bar Association (1987) and of The Society of Legal Scholars (1991), an Honorary Fellow of the American College of Trial Lawyers (2000), and an Honorary Bencher of Gray's Inn (1989) and of the Inn of Court of Northern Ireland (1995). He was also, as of 2008, the Honorary President of the Edinburgh Student Law Review.[ citation needed ]

On St Andrew's Day, 30 November 2009, Lord Hope of Craighead was appointed to the Order of the Thistle by Queen Elizabeth II. [72] The Order of the Thistle is the highest chivalric honour in Scotland. In the UK as a whole it is second only to the Order of the Garter amongst chivalric orders. The order honours Scottish men and women who have held public office or who have contributed in some way to national life. [73] Lord Hope of Craighead represented the Order at the 2023 Coronation. [74]

Coat of arms of David Hope, Baron Hope of Craighead
Coronet of a British Baron.svg
Hope of Craighead Escutcheon.png
Crest
A broken terrestrial sphere Proper charged with an anchor Gules surmounted by a rainbow Proper.
Escutcheon
Azure on a chevron Or between three bezants a bay leaf between two quill pens Vert.
Supporters
Two blackfaced rams Proper.
Motto
Spes Non Est Fracta (My Hope Is Not Broken) [75]

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References

  1. ↑ The Secret History of Our Streets, series 2, episode 1- The Moray Estate, Edinburgh, BBC, first broadcast 25 July 2014
  2. 1 2 3 4 A&C Black (December 2008). "Hope of Craighead" . Who's Who (online ed.). Oxford University Press. doi:10.1093/ww/9780199540884.013.U20699 . Retrieved 2 June 2009.
  3. ↑ "No. 41216". The London Gazette (Supplement). 1 November 1957. p. 6400.
  4. ↑ "No. 41798". The London Gazette (Supplement). 21 August 1959. p. 5357.
  5. ↑ https://www.joh.cam.ac.uk/sites/default/files/Eagle/Eagle%20Chapters/Fellows%20&%20Members%27%20News/Fellows%27_&_Members%27_News_1990s.pdf Retrieved 17 March 2024
  6. ↑ The Secret History of Our Streets - Moray Place, Edinburgh. The Moray Feu, BBC. 2 Parts, broadcast July 2014.
  7. ↑ "No. 47612". The London Gazette . 8 August 1978. p. 9503.
  8. 1 2 "Lord Hope of Craighead appointed chief justice of Abu Dhabi Global Market Courts". Scottish Legal News. 6 October 2015. Retrieved 12 May 2024.
  9. ↑ "No. 53893". The London Gazette . 30 December 1994. p. 1.
  10. ↑ "No. 53972". The London Gazette . 3 March 1995. p. 3449.
  11. ↑ "No. 54543". The London Gazette . 4 October 1996. p. 13211.
  12. ↑ "No. 59045". The London Gazette . 21 April 2009. p. 1.
  13. ↑ "Lord Hope | Brick Court Chambers". www.brickcourt.co.uk. Retrieved 28 April 2024.
  14. ↑ "Terra Firma - News from our Faculty of Scottish Advocates". www.terrafirmachambers.com. Retrieved 28 April 2024.
  15. ↑ https://www.adgm.com/adgm-courts/judges/lord-david-hope Retrieved 4 March 2024
  16. ↑ "Register of Interests - Members of the House of Lords - MPS and Lords - UK Parliament".
  17. ↑ "Queen Appoints senior judge as Lord High Commissioner to the General Assembly". Archived from the original on 11 January 2018. Retrieved 26 November 2014.
  18. ↑ Listed under Category 10: Non-financial interests (b) in the Register of Interests, House of Lords, Lord Hope of Craighead, Amended version of entry as at 17 August 2024.
  19. ↑ "Lord Hope of Craighead". UK Parliament . Retrieved 9 October 2019.
  20. ↑ "Browse Resources: Papers, mostly professional, of David Hope, Lord Hope of Craighead, with related ephemera. | Archives and Manuscript Catalogue". manuscripts.nls.uk. Retrieved 17 March 2024.
  21. ↑ https://digital.nls.uk/catalogues/guide-to-manuscript-collections/inventories/acc13568.pdf Retrieved 17 March 2024
  22. ↑ ISBN   978-1-904968-88-7 Published January 2018 Lord Hope (Avizandum Publishing) Scotland
  23. ↑ ISBN   978-1-904968-89-4Published April 2018 Lord Hope (Avizandum Publishing) Scotland
  24. ↑ ISBN   978-1-904968-91-7 Published August 2018 Lord Hope (Avizandum Publishing) Scotland
  25. ↑ ISBN   978-1-904968-96-2 Published January 2019 Lord Hope (Avizandum Publishing) Scotland
  26. ↑ ISBN   9781904968007 Published: December 2019 Lord Hope (Avizandum Publishing) Scotland
  27. ↑ "Lord Dervaird quits Bench". The Herald. 23 December 1989. Retrieved 4 March 2024.
  28. ↑ "Bench acts on rumours after Lord Dervaird quits Judges questioned on vice ring claims". The Herald. 18 January 1990. Retrieved 4 March 2024.
  29. ↑ "Homosexual legal network suspected for years: Judges have been". The Independent. 11 September 1992. Retrieved 4 March 2024.
  30. ↑ "Was Scottish legal scandal a smokescreen for child abuse?". 31 January 2023. Retrieved 14 March 2024.
  31. ↑ https://www.scotsman.com/news/politics/apology-call-for-gay-scandal-that-ended-lord-dervairds-career-1459296 Retrieved 4 March 2024
  32. ↑ The impact of Europe on Criminal Justice in Scotland: The role of the UK Supreme Court (The Lord Rodger of Earlsferry Memorial Lecture) 19 November 2011
  33. ↑ "'Anti-English sentiment' is threat to legal reform, warns top judge". The Herald. 21 November 2011. Retrieved 3 March 2024.
  34. 1 2 "The Herald's chief reporter denies Lord Hope of Craighead's claims of being misquoted as he issues media blackout at event". The Drum. Retrieved 3 March 2024.
  35. ↑ Court, The Supreme. "Speeches at the Supreme Court". www.supremecourt.uk. Retrieved 3 March 2024.
  36. ↑ "'Anti-English sentiment' is threat to legal reform, warns top judge". The Herald. 21 November 2011. Retrieved 19 March 2024.
  37. ↑ "For obvious reasons I do not wish to put my own views on record, but I can tell you what I think his views would have been." (page 23 of the speech.)
  38. ↑ "An insider's account of the 'Brenda agenda' | Opinion | Law Gazette". 3 February 2020. Archived from the original on 3 February 2020. Retrieved 18 March 2024.
  39. ↑ "About us". Judicial Appointments Commission. 22 May 2020. Retrieved 18 March 2024.
  40. ↑ February 2020, Joshua Rozenberg3. "An insider's account of the 'Brenda agenda'". Law Gazette. Retrieved 17 March 2024.{{cite web}}: CS1 maint: numeric names: authors list (link)
  41. ↑ https://www.girton.cam.ac.uk/sites/default/files/2020-05/Transcript-Girton-Visitors-Anniversary-Lecture-2019.pdf [ bare URL PDF ]
  42. ↑ Girton Lecture at page 15
  43. ↑ UKCLA (18 June 2020). "Lewis Graham: Lessons from Lord Hope's Diaries: judicial ideology and panel selection". UK Constitutional Law Association. Retrieved 14 March 2024.
  44. ↑ Duncan Smith, Iain (14 January 2021). "The Government must do more to crack down on trade with China". Telegraph Media Group Limited.
  45. ↑ "Public Order Bill - Hansard - UK Parliament". November 2025.
  46. ↑ "What's happening in Parliament next week?". 27 January 2023. Retrieved 4 August 2024.
  47. ↑ "Gender row legal challenge likely to fail - judge". 18 January 2023. Retrieved 14 March 2024.
  48. ↑ https://www.scotsman.com/news/politics/scottish-governments-chances-of-winning-gender-reform-legal-battle-very-low-former-supreme-court-judge-claims-3991488 Retrieved 14 March 2024
  49. ↑ "Westminster to defend block on Scottish gender reform". 4 May 2023. Retrieved 14 March 2024.
  50. ↑ Mallory, C. and Tyrrell, H., 2024. The Extrajudicial Voice. Legal Studies, 44(1), pp.1-20 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/3A343844D846982771084E4B4CA0850D/S0261387524000023a.pdf/the-extrajudicial-voice.pdf Retrieved 14 April 2024
  51. ↑ At page 17, Mallory, C. and Tyrrell, H., 2024. The Extrajudicial Voice. Legal Studies, 44(1), pp.1-20
  52. ↑ S Brown Second Helpings (London: Marble Hill, 2021) p 140 as cited at page 18 in Mallory, C. and Tyrrell, H., 2024. The Extrajudicial Voice. Legal Studies, 44(1), pp.1-20
  53. ↑ Linklater, Magnus (15 April 2024). "Hate crime law is gesture politics and should be withdrawn, says former top judge". The Times . ISSN   0140-0460 . Retrieved 15 April 2024.
  54. ↑ Brooks, Libby; correspondent, Libby Brooks Scotland (31 March 2024). "Scotland's new hate crime law: what does it cover and why is it controversial?". The Guardian. ISSN   0261-3077 . Retrieved 15 April 2024.{{cite news}}: |last2= has generic name (help)
  55. ↑ "Hate Crime and Public Order (Scotland) Bill". www.parliament.scot. Retrieved 15 April 2024.
  56. 1 2 Carrell, Severin (10 April 2024). "Only 3.8% of hate crime law complaints authentic so far, says Police Scotland". The Guardian. ISSN   0261-3077 . Retrieved 15 April 2024.
  57. 1 2 "Hate crime law will not divert police away from serious crime – senior officer". Yahoo News. 11 April 2024. Retrieved 15 April 2024.
  58. ↑ "Lord Hope calls for repeal of Hate Crime Act". Scottish Legal News. 10 April 2024. Retrieved 15 April 2024.
  59. ↑ Sanderson, Daniel (10 April 2024). "SNP's 'unworkable' hate crime law should be withdrawn, says former top judge". The Telegraph. ISSN   0307-1235 . Retrieved 15 April 2024.
  60. ↑ Connor, Mark (10 April 2024). "One of Scotland's top legal figures says hate crime bill should be abolished". Scottish Daily Express. Retrieved 15 April 2024.
  61. ↑ Syal, Rajeev (17 April 2024). "Rwanda bill further delayed after Lords again votes for changes". The Guardian. ISSN   0261-3077 . Retrieved 18 April 2024.
  62. ↑ "Rwanda Bill: Government suffers fresh defeats in Lords". 16 April 2024. Retrieved 18 April 2024.
  63. ↑ "Passions run high as Lords insist on Rwanda bill changes". 17 April 2024. Retrieved 18 April 2024.
  64. ↑ Wallis, William; Gross, Anna (4 March 2024). "Rishi Sunak's Rwanda asylum bill suffers defeats in House of Lords". Financial Times. Retrieved 18 April 2024.
  65. ↑ "Sunak's Rwanda plan defeated in Lords again - forcing MPs to consider four changes". Sky News. Retrieved 18 April 2024.
  66. ↑ https://twitter.com/BBCr4today/status/1780850213449539708 Retrieved 18 April 2024
  67. ↑ "The King's Speech 2024". GOV.UK. 17 July 2024. Retrieved 4 August 2024.
  68. ↑ Private Eye issue 1629 2-15 august 2024 page 12
  69. ↑ Lord Hope of Craighead Judge 4:57, 23 July 2024 https://www.theyworkforyou.com/lords/?id=2024-07-23b.370.2&s=le
  70. ↑ supremecourt.uk: HM Treasury v Ahmad, etc Archived 4 March 2016 at the Wayback Machine , 27 January 2010
  71. ↑ "Lord Smith of Kelvin appointed University of Strathclyde Chancellor" (Press release). University of Strathclyde. 3 May 2013. Archived from the original on 4 May 2013. Retrieved 10 May 2013.
  72. ↑ "No. 59258". The London Gazette . 1 December 2009. p. 20801.
  73. ↑ "Announcement of new appointments to the Order of the Thistle, 29 November 2009". Royal Household of the United Kingdom. 29 November 2009. Retrieved 1 December 2009.
  74. ↑ "Coronation order of service in full". BBC News. 5 May 2023. Retrieved 6 May 2023.
  75. ↑ Debrett's Peerage. 2019. p. 3059.

See also

Legal offices
Preceded by Lord Justice General and Lord President of the Court of Session
1989–1996		Succeeded by
Preceded by Lord of Appeal in Ordinary
1996–2009		Abolished
Preceded by Second Senior Law Lord
2009		Abolished
New creation Deputy President of the Supreme Court of the United Kingdom
2009–2013		Succeeded by
Other offices
Preceded by Convenor of the Crossbench Peers
2015–2019		Succeeded by
Orders of precedence in the United Kingdom
Preceded by Gentlemen
Baron Hope of Craighead		Followed by
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