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David Patrick Maxwell Fyfe, 1st Earl of Kilmuir, (29 May 1900 – 27 January 1967), known as Sir David Maxwell Fyfe from 1942 to 1954 and as Viscount Kilmuir from 1954 to 1962, was a British
Conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization ...
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 In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
,
Home Secretary The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national ...
and Lord High Chancellor of Great Britain. One of the prosecuting counsels at the
Nuremberg Trials The Nuremberg trials were held by the Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II. Between 1939 and 1945, Nazi Germany invaded ...
, he subsequently played a role in drafting the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
. As Home Secretary he led a crackdown against homosexuals in the UK in the 1950s, and declined to commute Derek Bentley's death sentence for the murder of a police officer. His political ambitions were ultimately dashed in
Harold Macmillan Maurice Harold Macmillan, 1st Earl of Stockton, (10 February 1894 – 29 December 1986) was a British Conservative statesman and politician who was Prime Minister of the United Kingdom from 1957 to 1963. Caricatured as " Supermac", h ...
's
cabinet reshuffle A cabinet reshuffle or shuffle occurs when a head of government rotates or changes the composition of ministers in their cabinet, or when the Head of State changes the head of government and a number of ministers. They are more common in parli ...
of July 1962.


Early life

Born in
Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian on the southern shore o ...
, the only son of William Thomson Fyfe, Headmaster of Aberdeen Grammar School, by his second wife Isabella Campbell, daughter of David Campbell, of Dornoch, co. Sutherland, he was educated at
George Watson's College George Watson's College 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 merg ...
and
Balliol College, Oxford Balliol College () is one of the constituent colleges of the University of Oxford in England. One of Oxford's oldest colleges, it was founded around 1263 by John I de Balliol, a landowner from Barnard Castle in County Durham, who provided the f ...
, where, perhaps owing to his interest in politics, he achieved a third-class degree in Greats. Whilst at Oxford, he was a member of the
Stubbs Society The Stubbs Society for Foreign Affairs and Defence, commonly referred to simply as Stubbs Society, is the University of Oxford's oldest officially affiliated paper-reading and debating society (not to be confused with the unaffiliated debating ...
. His academic education was paused during his service in the Scots Guards in 1918–19, at the end of the World War I. Also stated in ''Burke's Peerage'' and ''Who Was Who'' but omitted from sketches in both the ''Dictionary of National Biography'' (1961–1970 Supplement) and the ''Oxford Dictionary of National Biography''. After graduation, he worked for the British Commonwealth Union as political secretary to Sir Patrick Hannon MP, studying
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
in his spare time. He entered
Gray's Inn The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wal ...
and was
called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call t ...
in 1922. He became a
pupil The pupil is a black hole located in the center of the iris of the eye that allows light to strike the retina.Cassin, B. and Solomon, S. (1990) ''Dictionary of Eye Terminology''. Gainesville, Florida: Triad Publishing Company. It appears black ...
of George Lynskey in
Liverpool Liverpool is a city and metropolitan borough in Merseyside, England. With a population of in 2019, it is the 10th largest English district by population and its metropolitan area is the fifth largest in the United Kingdom, with a populat ...
then joined his chambers to practise.Dutton (2004). Not pausing before beginning his political career in earnest, he stood as a Conservative for
Wigan Wigan ( ) is a large town in Greater Manchester, England, on the River Douglas. The town is midway between the two cities of Manchester, to the south-east, and Liverpool, to the south-west. Bolton lies to the north-east and Warrington t ...
in
1924 Events January * January 12 – Gopinath Saha shoots Ernest Day, whom he has mistaken for Sir Charles Tegart, the police commissioner of Calcutta, and is arrested soon after. * January 20– 30 – Kuomintang in China hold ...
, an unwinnable parliamentary seat. He cultivated the more winnable Spen Valley until
1929 This year marked the end of a period known in American history as the Roaring Twenties after the Wall Street Crash of 1929 ushered in a worldwide Great Depression. In the Americas, an agreement was brokered to end the Cristero War, a Catholic ...
when the party resolved not to oppose sitting
Liberal Liberal or liberalism may refer to: Politics * a supporter of liberalism ** Liberalism by country * an adherent of a Liberal Party * Liberalism (international relations) * Sexually liberal feminism * Social liberalism Arts, entertainment and ...
Member of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members of ...
(MP) Sir John Simon while he was absent on the
Simon Commission The Indian Statutory Commission also known as Simon Commission, was a group of seven Members of Parliament under the chairmanship of Sir John Simon. The commission arrived in India in 1928 to study constitutional reform in Britain's largest ...
in
India India, officially the Republic of India ( Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the ...
. Maxwell Fyfe was eventually elected to
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. ...
in Liverpool West Derby in a
by-election A by-election, also known as a special election in the United States and the Philippines, a bye-election in Ireland, a bypoll in India, or a Zimni election (Urdu: ضمنی انتخاب, supplementary election) in Pakistan, is an election used to f ...
in July 1935. Meanwhile, Maxwell Fyfe's legal career had prospered. In 1934 he became
King's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel ( post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister o ...
. He was Recorder of
Oldham Oldham is a large town in Greater Manchester, England, amid the Pennines and between the rivers Irk and Medlock, southeast of Rochdale and northeast of Manchester. It is the administrative centre of the Metropolitan Borough of Oldham, w ...
from 1936 to 1942.


Early political career

Maxwell Fyfe, along with Patrick Spens, Derrick Gunston and others, backed the National Government over the Hoare–Laval Pact, and he supported
Neville Chamberlain Arthur Neville Chamberlain (; 18 March 18699 November 1940) was a British politician of the Conservative Party who served as Prime Minister of the United Kingdom from May 1937 to May 1940. He is best known for his foreign policy of appeaseme ...
over the
Munich Agreement The Munich Agreement ( cs, Mnichovská dohoda; sk, Mníchovská dohoda; german: Münchner Abkommen) was an agreement concluded at Munich on 30 September 1938, by Germany, the United Kingdom, France, and Italy. It provided "cession to Germany ...
. However, after the
German occupation of Czechoslovakia German(s) may refer to: * Germany (of or related to) **Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **G ...
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 with rank of
major Major ( commandant in certain jurisdictions) is a military rank of commissioned officer status, with corresponding ranks existing in many military forces throughout the world. When used unhyphenated and in conjunction with no other indicat ...
. He was badly injured in an air raid in September 1940. In May 1941 Maxwell Fyfe became deputy to
Rab Butler Richard Austen Butler, Baron Butler of Saffron Walden, (9 December 1902 – 8 March 1982), also known as R. A. Butler and familiarly known from his initials as Rab, was a prominent British Conservative Party politician. ''The Times'' obituary ...
'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

In March 1942, Sir
Winston Churchill Sir Winston Leonard Spencer Churchill (30 November 187424 January 1965) was a British statesman, soldier, and writer who served as Prime Minister of the United Kingdom twice, from 1940 to 1945 during the Second World War, and again from 1 ...
, on the advice of
Brendan Bracken Brendan Rendall Bracken, 1st Viscount Bracken, PC (15 February 1901 – 8 August 1958) was an Irish-born businessman, politician and a minister in the British Conservative cabinet. He is best remembered for supporting Winston Churchill during ...
, appointed Maxwell Fyfe Solicitor-General. At the same time he was
knight A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the church or the country, especially in a military capacity. Knighthood finds origins in the ...
ed and sworn of the
Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the m ...
. 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 Nazism ( ; german: Nazismus), the common name in English for National Socialism (german: Nationalsozialismus, ), is the far-right totalitarian political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in ...
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 the historian
Richard Overy Richard James Overy (born 23 December 1947) is a British historian who has published on the history of World War II and Nazi Germany. In 2007, as '' The Times'' editor of ''Complete History of the World'', he chose the 50 key dates of world h ...
, "he presented the standard British argument for
summary execution A summary execution is an execution in which a person is accused of a crime and immediately killed without the benefit of a full and fair trial. Executions as the result of summary justice (such as a drumhead court-martial) are sometimes inclu ...
." 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 The Nuremberg trials were held by the Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II. Between 1939 and 1945, Nazi Germany invaded ...
; 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 the Nazi leaders. When the war in Europe ended and the coalition was dissolved in May 1945, Maxwell Fyfe was briefly
Attorney-General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
in Churchill's caretaker government. The Labour Party won a landslide victory in the United Kingdom general election of 1945 and Sir
Hartley Shawcross Hartley William Shawcross, Baron Shawcross, (4 February 1902 – 10 July 2003), known from 1945 to 1959 as Sir Hartley Shawcross, was an English barrister and Labour politician who served as the lead British prosecutor at the Nuremberg War Cr ...
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. Shawcross was largely committed to his political duties in
Westminster Westminster is an area of Central London, part of the wider City of Westminster. The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, B ...
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 In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and ...
not being regarded as one of his strengths. However, his cross-examination of
Hermann Göring Hermann Wilhelm Göring (or Goering; ; 12 January 1893 – 15 October 1946) was a German politician, military leader and convicted war criminal. He was one of the most powerful figures in the Nazi Party, which ruled Germany from 1933 to 1 ...
was one of the most noted cross-examinations in history.


Opposition

After Nuremberg, Maxwell Fyfe returned to Parliament to
shadow A shadow is a dark area where light from a light source is blocked by an opaque object. It occupies all of the three-dimensional volume behind an object with light in front of it. The cross section of a shadow is a two- dimensional silhouette, ...
the Minister of Labour while simultaneously pursuing a full, busy and prominent career at the Bar, for example defending serial murderer
John George Haigh John George Haigh (; 24 July 1909 – 10 August 1949), commonly known as the Acid Bath Murderer, was an English serial killer convicted for the murder of six people, although he claimed to have killed nine. Haigh battered to death or shot his ...
in 1949. Reputedly, he would arrive at the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
at around 5.00 pm, often stay throughout debates that lasted all night then, after a quick shave and breakfast, leave for
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accord ...
. He was assisted in his punishing schedule by his wife Sylvia, herself a Conservative Party worker. Maxwell Fyfe played a leading role in drafting the party's
Industrial Charter ''The Industrial Charter: A Statement of Conservative Industrial Policy'' was a 1947 pamphlet and policy statement by the United Kingdom Conservative Party. The ''Charter'' is widely regarded as representing a seminal moment in the history of post ...
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, diversify, or diverse may refer to: Business *Diversity (business), the inclusion of people of different identities (ethnicity, gender, age) in the workforce * Diversity marketing, marketing communication targeting diverse customers ...
of MPs. In practice, it may have had the effect of lending more power to
constituency An electoral district, also known as an election district, legislative district, voting district, constituency, riding, ward, division, or (election) precinct is a subdivision of a larger state (a country, administrative region, or other poli ...
parties and making candidates more uniform. Maxwell Fyfe was a champion of
European integration European integration is the process of industrial, economic, political, legal, social, and cultural integration of states wholly or partially in Europe or nearby. European integration has primarily come about through the European Union and it ...
and a member of the Parliamentary Assembly of the
Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold human rights, democracy and the rule of law in Europe. Founded in 1949, it has 46 member states, with a p ...
from August 1949 to May 1952, becoming the Chair of the Assembly's Committee on Legal and Administrative Questions, and
rapporteur A rapporteur is a person who is appointed by an organization to report on the proceedings of its meetings. The term is a French-derived word. For example, Dick Marty was appointed ''rapporteur'' by the Parliamentary Assembly of the Council of Eu ...
on the committee drafting the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
. In his memoirs he criticised Sir
Anthony Eden Robert Anthony Eden, 1st Earl of Avon, (12 June 1897 – 14 January 1977) was a British Conservative Party politician who served as Prime Minister of the United Kingdom from 1955 until his resignation in 1957. Achieving rapid prom ...
for a negative stance that derailed the UK's opportunity to become a leader in Europe. Eden always rejected this and considered a
libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
action against Maxwell Fyfe.


Return to government


Home Secretary

Shortly before the United Kingdom general election of 1951, Maxwell Fyfe caused a stir when he appeared to hint in a radio interview that a Conservative government might legislate to curb the power of
trade union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
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 The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national ...
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 Commercial broadcasting (also called private broadcasting) is the broadcasting of television programs and radio programming by privately owned corporate media, as opposed to state sponsorship. It was the United States′ first model of radio (an ...
. He gained a reputation as a hard-working, thorough and reliable cabinet member. In 1952, the Director General of MI5 (DG) was made directly answerable to the Home Secretary rather than the Prime Minister. Given this novel responsibility, Maxwell Fyfe issued the Maxwell Fyfe Directive which became the ''
de facto ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...
'' constitution of the Security Service until the
Security Service Act 1989 The Security Service Act 1989 (c 5) is an Act of the United Kingdom Parliament. The Act established a statutory basis of the UK Security Service (MI5) for the first time. Prior to the Act, despite its operation since 1909, successive UK governm ...
set it on a statutory basis. When Sir Percy Sillitoe resigned as DG in 1953, Maxwell Fyfe delegated the shortlisting of a successor to a committee of
civil servant The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leader ...
s chaired by Sir Edward Bridges. The committee put forward
Dick White Sir Dick Goldsmith White, (20 December 1906 – 21 February 1993) was a British intelligence officer. He was Director General (DG) of MI5 from 1953 to 1956, and Head of the Secret Intelligence Service (MI6) from 1956 to 1968. Early life White ...
and Sir Kenneth Strong. Maxwell Fyfe endorsed the committee's preference for White, observing to Churchill that an internal appointment would be good for the morale of the service. Fyfe's assumption of office as Home Secretary heralded a reign of fear for male homosexuals. A stern advocate of existing legislation criminalising homosexual acts, he started a campaign to “rid England of this male vice … this plague” by dramatically increased arrests of male homosexuals through police surveillance and entrapment via the use of ''agents provocateurs'', tapped telephones, forged documents and the absence of warrants.Stewart, Graham "The Accidental Legacy of a Homophobic Humanitarian", The Times (London), 2 October 2000. From 1,276 in prosecutions in 1939 for actual or attempted sodomy or gross indecency, a year after he had assumed the office of Home Secretary prosecutions had soared to 5,443. Fyfe subsequently sanctioned the establishment of the Wolfenden Report into homosexuality, but had he known its findings would recommend decriminalisation, it is unlikely he would have done so. 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 Geraldine Bedell is a British novelist and writer for ''The Observer''. She drew wide public attention when she claimed she had been disinvited from a planned appearance at the first International Festival of Literature in Dubai, because her no ...
, since it was he, while Home Secretary, who had set up the committee to consider whether the law should be changed.Geraldine Bedell
"Coming out of the dark ages"
, ''The Observer'', London, 24 June 2007.
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, who was known in parliamentary circles to be bisexual, 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 () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sod ...
legal." During his tenure as Home Secretary, he was embroiled in the controversy surrounding the
hanging Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging ...
of Derek Bentley. Maxwell Fyfe had controversially refused to grant a reprieve to Bentley despite the written petitions of 200 MPs and the claim that Bentley was mentally retarded allegedly having a mental age of only 11. However, on most issues he was on the progressive wing of the Conservative Party, opposing the proposals in 1953 for the re-introduction of corporal punishment.


Lord Chancellor

Maxwell Fyfe remained ambitious and a ''
Daily Mirror The ''Daily Mirror'' is a British national daily tabloid. Founded in 1903, it is owned by parent company Reach plc. From 1985 to 1987, and from 1997 to 2002, the title on its masthead was simply ''The Mirror''. It had an average daily print ...
''
opinion poll An opinion poll, often simply referred to as a survey or a poll (although strictly a poll is an actual election) is a human research survey of public opinion from a particular sample. Opinion polls are usually designed to represent the opinio ...
in 1954, on the popular favourite to succeed Churchill as Party leader and
prime minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
, 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 The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
. On 19 October 1954 he was raised to the peerage as Viscount Kilmuir, of Creich in the County of Sutherland, and moved to the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
and the "
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. Before 2006, it was the seat of the Lord Chancellor. History In the 14th century King Edward III (1327–1377) sai ...
". Lord Kilmuir was a political Lord Chancellor, not restricting himself to his judicial role. He worked on many government issues including the
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these prin ...
of
Malta Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It li ...
, which he wanted to become part of the UK, and the creation of the
Restrictive Practices Court The Restrictive Trade Practices Act 1956 was an act of the Parliament of the United Kingdom intended to enforce competition, and provide an appropriate check on restrictive combines and practices. It required that any agreement between companies ...
. In his eight years in the post he only sat as a judge on 24
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
s to the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
. Lord Kilmuir opposed
Sydney Silverman Samuel Sydney Silverman (8 October 1895 – 9 February 1968) was a British Labour politician and vocal opponent of capital punishment. Early life Silverman was born in poverty to a migrant Jewish parents from Jassy, Romania. His father was a ...
's 1956
private member's bill A private member's bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in whi ...
to abolish
capital punishment Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
. 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 The Homicide Act 1957 (5 & 6 Eliz.2 c.11) 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 (except in limi ...
. He feared the consequences of
immigration to the United Kingdom Since 1945, immigration to the United Kingdom, controlled by British immigration law and to an extent by British nationality law, has been significant, in particular from the Republic of Ireland and from the former British Empire, especial ...
and presented a report to the cabinet in 1956. Lord Kilmuir contended that the military intervention in the 1956
Suez Crisis The Suez Crisis, or the Second Arab–Israeli war, also called the Tripartite Aggression ( ar, العدوان الثلاثي, Al-ʿUdwān aṯ-Ṯulāṯiyy) in the Arab world and the Sinai War in Israel,Also known as the Suez War or 1956 Wa ...
was justified under the
self-defence Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in ...
provisions of
Article 51 Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military an ...
of the
United Nations Charter The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
. He continued in this office in the governments of
Anthony Eden Robert Anthony Eden, 1st Earl of Avon, (12 June 1897 – 14 January 1977) was a British Conservative Party politician who served as Prime Minister of the United Kingdom from 1955 until his resignation in 1957. Achieving rapid prom ...
and
Harold Macmillan Maurice Harold Macmillan, 1st Earl of Stockton, (10 February 1894 – 29 December 1986) was a British Conservative statesman and politician who was Prime Minister of the United Kingdom from 1957 to 1963. Caricatured as " Supermac", h ...
until Macmillan's 1962 "
Night of the Long Knives The Night of the Long Knives ( German: ), or the Röhm purge (German: ''Röhm-Putsch''), also called Operation Hummingbird (German: ''Unternehmen Kolibri''), was a purge that took place in Nazi Germany from 30 June to 2 July 1934. Chancellor A ...
", when he was abruptly replaced by Sir Reginald Manningham-Buller, the Attorney-General. Kilmuir was made Baron Fyfe of Dornoch, of
Dornoch Dornoch (; gd, Dòrnach ; sco, Dornach) is a town, seaside resort, parish and former royal burgh in the county of Sutherland in the Highlands of Scotland. It lies on the north shore of the Dornoch Firth, near to where it opens into the M ...
in the County of Sutherland, and Earl of Kilmuir on 20 July 1962 to cushion the blow of retirement. He is said to have complained to Macmillan that he was being sacked with less notice than would be given to a cook, to which Macmillan replied that it was easier to get Lord Chancellors than good cooks.


After government

After government, Kilmuir joined the
board of directors A board of directors (commonly referred simply as the board) is an executive committee that jointly supervises the activities of an organization, which can be either a for-profit or a nonprofit organization such as a business, nonprofit orga ...
of
Plessey The Plessey Company plc was a British electronics, defence and telecommunications company. It originated in 1917, growing and diversifying into electronics. It expanded after World War II by acquisition of companies and formed overseas compani ...
but his health soon declined. He died at
Withyham Withyham is a village and large civil parish in the Wealden district of East Sussex, England. The village is situated 7 miles south west of Royal Tunbridge Wells and 3.5 miles (5.6 km) from Crowborough; the parish covers approxi ...
,
Sussex Sussex (), from the Old English (), is a historic county in South East England that was formerly an independent medieval Anglo-Saxon kingdom. It is bounded to the west by Hampshire, north by Surrey, northeast by Kent, south by the Englis ...
, on 27 January 1967 and was
cremated Cremation is a method of final disposition of a dead body through burning. Cremation may serve as a funeral or post-funeral rite and as an alternative to burial. In some countries, including India and Nepal, cremation on an open-air pyre is a ...
. His ashes were buried at the church of St Michael and All Angels at Withyham. His wealth at death was £22,202. His titles, which could pass only to sons, became extinct, as he had fathered only daughters.


Family and personality

He married Sylvia Harrison in 1925 and they had three daughters, one of whom pre-deceased him. Lalage Fyfe (b. 1926, d. 1944) and Pamela Maxwell Fyfe (b. 1928) later Wigram in 1950, then 26 October 1957 Blackmore. His
brother-in-law A sibling-in-law is the spouse of one's sibling, or the sibling of one's spouse, or the person who is married to the sibling of one's spouse.Cambridge Dictionaries Online.Family: non-blood relations. More commonly, a sibling-in-law is referred ...
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 Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in ...
, and in the valleys of
South Wales South Wales ( cy, De Cymru) is a loosely defined region of Wales bordered by England to the east and mid Wales to the north. Generally considered to include the historic counties of Glamorgan and Monmouthshire, south Wales extends westwards t ...
he was nicknamed ''Dai Bananas'',
Fyffes Fyffes plc () is an Irish fruit and fresh produce company headquartered in Dublin, Ireland. The Fyffes brand is most closely associated with the banana industry, although it is applied to a wide range of fruits and fresh produce, including th ...
being, then as now, one of Britain's major importers of the fruit.


Honours

Among his honours were: *
King's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel ( post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister o ...
(KC) (1934) *
Knighthood A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the church or the country, especially in a military capacity. Knighthood finds origins in the Gr ...
(Kt) (1942) *
Privy Councillor A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
(PC) (1945) * Viscount Kilmuir (1954) * Earl of Kilmuir (1962) * Knight Grand Cross in the
Royal Victorian Order The Royal Victorian Order (french: Ordre royal de Victoria) is a dynastic order of knighthood established in 1896 by Queen Victoria. It recognises distinguished personal service to the British monarch, Canadian monarch, Australian monarch, o ...
(GCVO) (1953); *
Honorary degree An honorary degree is an academic degree for which a university (or other degree-awarding institution) has waived all of the usual requirements. It is also known by the Latin phrases ''honoris causa'' ("for the sake of the honour") or '' ad hon ...
s including: **
University of Oxford , mottoeng = The Lord is my light , established = , endowment = £6.1 billion (including colleges) (2019) , budget = £2.145 billion (2019–20) , chancellor ...
; **
University of Manitoba The University of Manitoba (U of M, UManitoba, or UM) is a Canadian public research university in the province of Manitoba.LL.D) 1954. **
University of Edinburgh The University of Edinburgh ( sco, University o Edinburgh, gd, Oilthigh Dhùn Èideann; abbreviated as ''Edin.'' in post-nominals) is a public research university based in Edinburgh, Scotland. Granted a royal charter by King James VI in ...
( LL.D) 1955. **
University of Wales , latin_name = , image = , caption = Coat of Arms , motto = cy, Goreu Awen Gwirionedd , mottoeng = The Best Inspiration is Truth , established = , , type = Confederal, non-member ...
; **
University of Ottawa The University of Ottawa (french: Université d'Ottawa), often referred to as uOttawa or U of O, is a bilingual public research university in Ottawa, Ontario, Canada. The main campus is located on directly to the northeast of Downtown Ott ...
( LL.D) 16 September 1960. *
Visitor A visitor, in English and Welsh law and history, is an overseer of an autonomous ecclesiastical or eleemosynary institution, often a charitable institution set up for the perpetual distribution of the founder's alms and bounty, who can interv ...
of
St Antony's College, Oxford St Antony's College is one of the constituent colleges of the University of Oxford in England. Founded in 1950 as the result of the gift of French merchant Sir Antonin Besse of Aden, St Antony's specialises in international relations, econo ...
(1953); and *
Rector Rector (Latin for the member of a vessel's crew who steers) may refer to: Style or title *Rector (ecclesiastical), a cleric who functions as an administrative leader in some Christian denominations *Rector (academia), a senior official in an edu ...
of the
University of St Andrews (Aien aristeuein) , motto_lang = grc , mottoeng = Ever to ExcelorEver to be the Best , established = , type = Public research university Ancient university , endowment ...
(1956).


Portrayal in drama

David Maxwell Fyfe has been portrayed by the following actors in film, television and theatre productions; *
Iain Cuthbertson Iain Cuthbertson (4 January 1930 – 4 September 2009) was a Scottish character actor and theatre director. He was known for his tall imposing build and also his distinctive gravelly, heavily accented voice. He had lead roles in '' The Borde ...
in the 1991 British/French film ''
Let Him Have It ''Let Him Have It'' is a 1991 British drama film directed by Peter Medak and starring Christopher Eccleston, Paul Reynolds, Tom Courtenay and Tom Bell. The film is based on the true story of Derek Bentley, who was convicted of the murder of a ...
'' *
Christopher Plummer Arthur Christopher Orme Plummer (December 13, 1929 – February 5, 2021) was a Canadian actor. His career spanned seven decades, gaining him recognition for his performances in film, stage, and television. He received multiple accolades, inc ...
in the 2000 Canadian/U.S. TV production ''
Nuremberg Nuremberg ( ; german: link=no, Nürnberg ; in the local East Franconian dialect: ''Nämberch'' ) is the second-largest city of the German state of Bavaria after its capital Munich, and its 518,370 (2019) inhabitants make it the 14th-largest ...
'' *
Julian Wadham Julian Neil Rohan Wadham (born 7 August 1958) is an English actor of stage, film and television. He was educated at Ampleforth College and the Central School of Speech and Drama, third son of Rohan Nicholas Wadham DFC and Juliana Wadham, née ...
in the 2006 British television docudrama '' Nuremberg: Nazis on Trial'' *
Mel Smith Melvyn Kenneth Smith (3 December 1952 – 19 July 2013) was an English comedian, actor and director. Smith worked on the sketch comedy shows ''Not the Nine O'Clock News'' and ''Alas Smith and Jones'' with his comedy partner, Griff Rhys Jones. S ...
in the 2007 British television drama '' Consenting Adults'' *
John Warnaby John Warnaby is a British actor who has appeared extensively in film and television. Career In 1996, Warnaby appeared at the National Theatre in Helen Edmundson's adaptation of Leo Tolstoy's ''War and Peace''. In 2006, he appeared in ''The L ...
in
Nicholas de Jongh Nicholas de Jongh is a British writer, theatre critic and playwright. He served as the senior drama critic of the ''Evening Standard'' from 1991 to 2009. Prior to that, he had worked for ''The Guardian'' for almost 20 years. In 2008, de Jongh ...
's stage play, ''
Plague Over England ''Plague Over England'' is a play written by Nicholas de Jongh, based on a real-life incident when actor John Gielgud was arrested for lewd behavior in 1953; it provides an insight into the changes in the lives of gay people over the last fifty y ...
'' (London, 2009) *There is also a film being made about him called ''Under an English Heaven'' by his grandson Tom Blackmore. * Zdzisław Mrożewski in polish film ''Epilog norymberski''


References


Bibliography

*Obituaries: **''
The Times ''The Times'' is a British Newspaper#Daily, daily Newspaper#National, national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its s ...
'', 28 January 1967 **''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
'', 28 January 1967 * * *Dutton, D. J. (2004
Fyfe, David Patrick Maxwell, Earl of Kilmuir (1900–1967)
, ''
Oxford Dictionary of National Biography The ''Dictionary of National Biography'' (''DNB'') is a standard work of reference on notable figures from British history, published since 1885. The updated ''Oxford Dictionary of National Biography'' (''ODNB'') was published on 23 September ...
'', Oxford University Press, accessed 4 Aug 2007 * *Lord Kilmuir (1964) ''Political Adventure'' * * Tusa, A. & Tusa, J. (1983) ''The Nuremberg Trial''


External links

* *
The Papers of Lord Kilmuir
held at
Churchill Archives Centre The Churchill Archives Centre (CAC) at Churchill College at the University of Cambridge is one of the largest repositories in the United Kingdom for the preservation and study of modern personal papers. It is best known for housing the papers o ...
, - {{DEFAULTSORT:Kilmuir, David Maxwell Fyfe, 1st Earl of 1900 births 1967 deaths Alumni of Balliol College, Oxford Maxwell Fyfe, David British Anglicans Maxwell Fyfe, David Earls in the Peerage of the United Kingdom English King's Counsel English barristers Knights Bachelor Knights Grand Cross of the Royal Victorian Order Lord chancellors of Great Britain Members of Gray's Inn Maxwell Fyfe, David Members of the Privy Council of the United Kingdom Ministers in the Churchill caretaker government, 1945 Ministers in the Churchill wartime government, 1940–1945 Ministers in the Eden government, 1955–1957 Ministers in the Macmillan and Douglas-Home governments, 1957–1964 Ministers in the third Churchill government, 1951–1955 Earls created by Elizabeth II People educated at George Watson's College Politicians from Edinburgh Maxwell Fyfe, David 20th-century King's Counsel Rectors of the University of St Andrews Maxwell Fyfe, David Maxwell Fyfe, David Maxwell Fyfe, David Maxwell Fyfe, David Maxwell Fyfe, David Maxwell Fyfe, David UK MPs who were granted peerages Lawyers from Edinburgh