Death of a Member: Lord Judge

Earl of Kinnoull Excerpts

Thursday 9th November 2023 Lords Chamber

[Lord Newby (LD)]

My Lords, like other Members of your Lordships’ House, it was with great shock and sadness that I heard of Lord Judge’s death. I know that he was a devoted father and grandfather; he once told me with great pride that his role when the family went sea-bathing was to hold all the towels—he never dreamed of getting in the sea himself. Our thoughts today are primarily with his family as they mourn his loss.

I had my first long conversation with Lord Judge while sitting next to him at the first Queen’s Speech he attended as Convenor. He told me that he had been a great collector of 15th century manuscripts. We then spoke about the history of the period and the start of the Tudor dynasty. It was this great love and knowledge of the period that had alerted him to Henry VIII’s role in taking from Parliament some of its traditional legislative power. From this understanding sprang his deep antipathy for the current use of such powers, on which he spoke with such passion and persistence.

His speeches exhibited the hallmarks of a fine legal mind. He was crystal clear. He could explain the most complex arguments in language that everyone could readily understand. He was succinct: Igor rarely, if ever, made a long speech. He got straight to the point and when he had made it, he sat down. And he was ruthless: he was the master of asking Ministers the unanswerable question. As they floundered in response, he would pin them with a quizzical frown.

But he was much more than a great legal brain. He was witty. He saw the ridiculous side of some of the things we do in your Lordships’ House with a clear eye, a despairing shake of the head and an often hilarious response. He was a great reader of people. He had the measure of us all and would sometimes, in an unguarded moment, let a privileged few know what he really thought of some of his colleagues. It was not always totally complimentary, but it was usually correct.

He was wise. His reading and understanding of history, coupled with his long and distinguished career at the Bar, gave him a broad perspective from which to make judgments and give opinions—not just on the great issues of state, but also on the many arcane issues on which he was expected to express an opinion on the innumerable internal committees of your Lordships’ House on which he sat.

Finally, he was kind. There was a warmth about him, which was expressed with a sympathetic smile, a slightly cocked listening ear and a kind word.

I fear that he did not completely succeed in his campaign to expunge Henry VIII powers from new pieces of legislation. It now falls on the rest of us to pick up this baton. In doing so, we will not just be doing it for the good governance of the country: we will be doing it for Igor.

[The Earl of Kinnoull (CB)]

My Lords, there is no such thing as a speech too short; a maxim I first heard from Igor before I entered the House. I thank the three speakers so far on behalf of our Benches—I need the advice as well—for the contributions, which have been so measured and have brought a lot of pleasure in listening to them.

Igor, of course, was born in Malta in 1941 during the siege that lasted 18 months. Malta was the most bombed place in Europe and was devastated. He told me he ascribed his humility and, I think, his kindness to the fact he lived in this wasteland for the first few years of his life. I always wondered how someone could go through his career and be so successful and yet have that humility and kindness. Of course, we know that Igor’s father, Raymond, was called Judge, but what most people do not know is that his remarkable mother, Rosa, had a maiden name of Micaleff, which is the Maltese word for judge. Igor observed to me that he had, therefore, very little choice in his chosen profession.

At 13, he came to school in England at the Oratory, where a fellow pupil was the noble Lord, Lord Berkeley of Knighton, who reminded me last night of Igor’s prowess at cricket, and said he had a reputation from that early age for sagacity and integrity. From there he went to Magdalene, Cambridge, and he was called to the Bar in 1963. He met Judith shortly after this; many people have already said what a strong marriage that was and how founded in love. I have been in touch with Judith; I hope she is watching today, and I know that some of her family are. Igor described her as his better half, which was a lovely way of doing so. He took enormous pride in his three children and that great clutch of grandchildren. In my many discussions with him over the past few months as he was mentoring me, the conversation—just like the noble Baroness, Lady Smith, was saying—immediately wandered across to his grandchildren and the great pride that he had in their careers.

His legal career meant that he spent 32 years sitting on various Benches. I know that many will want to speak today to talk about appearing before him at the various levels. Everyone always felt that not only was he utterly competent but that he was prepared to listen to whatever the barrister concerned had to say. Anyway, to achieve presidency of the Queen’s Bench Division and go on to Lord Chief Justice was something amazing. To then come here and be such a great parliamentarian and colleague, who was always patient and always there, is something we should all aspire to, and I suspect we will not see it again in our lives.

When he arrived here, he did not shirk the challenge: he concentrated his political energies on the great balance between Parliament and the Executive. His weapons of choice were wit and that lethal logic. He briefly held the record for the size of a government defeat on one of the amendments in the United Kingdom Internal Market Bill, but he took no pleasure in that. He took pleasure only when, eventually, the point that he wanted to have included was conceded by the Government. I recently spent some time discussing Cross-Bench voting patterns with Igor—something that has come up in speeches over the last couple of days. He was of the view that a vote against the Government was motivated either by opposition to that Government or by a desire to improve law; he voted only using this latter principle.

Igor had many great passions and interests. He loved cricket, having captained the Oratory, and was naturally considering whether to challenge the Government to a match given the recent addition of the noble Lord, Lord Botham, to our ranks. He discussed this in some detail with his private personal physician and equal cricket fan, the noble Lord, Lord Patel. He loved poetry, especially TS Elliot, and used to come bouncing into the Cross-Bench office reciting Elliot’s poems, which are incredibly complicated, but he never had a problem with that.

He loved Leicester City. Among his fellow fans are the noble Baronesses, Lady Henig and Lady Fraser, and the noble Lord, Lord Bourne. I know he was hopeful of trying to persuade the noble Lord, Lord Kennedy, to renounce and give up Millwall and come over to the blues.