Lord Wylie QC +7.9.2005
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The Rt Hon The Lord Wylie, VRD, QC, RN (Ret), formerly Norman Russell
Wylie, sometime Conservative MP for Edinburgh Pentlands and Lord
Advocate (Scotland), sworn of HM Privy Council 1970. He died in
Edinburgh, 7 September 2005. Husband of Gillian, father of Julian
(Hamish), Neville and Philip, grandfather of Ashley, Olivia and
Isabella.
Michael Rhodes
October 26, 1923 - September 7, 2005
Staunch Scottish Tory who grew up in poverty and rose to become Lord
Advocate
NOTHING in Norman Wylie's family background suggested that he would
become a lawyer, a politician or a Tory. Brought up in the West of
Scotland in conditions of deprivation and poverty in the 1930s, he
achieved distinction in all three fields, demonstrating the continuing
Scottish tradition of the "lad o' pairts" - the notion that a
good education system should offer opportunities for anyone prepared to
seize them.
This democratic instinct ran through his subsequent career. When he was
appointed Lord Advocate, the principal law officer of the Crown in
Scotland, in 1970 under Edward Heath, one of his first acts was to end
the practice whereby only supporters of the political party in power
could be appointed as advocate deputes. Since they handled all the
prosecutions in the High Court, it was a severe restriction on legal
advancement. The change had been agreed before the election, but Wylie
implemented it at once, thus ensuring that advocates of the calibre of
William Prosser, Douglas Cullen and Kenneth Osborne - all of whom
became judges later - joined the Crown service, greatly improving its
performance and credibility.
He overturned another custom when the office of Lord President - the
senior law job in Scotland - fell vacant. Instead of promoting
himself, as had been done in the past, he ensured that Lord Emslie was
appointed. Always ready to accept suggestions about how to improve the
criminal justice system, he had the equally important knack of
persuading the then Secretary of State to introduce the necessary
legislation.
Norman Russell Wylie was born in Elderslie, Renfrewshire. His father, a
coal exporter in Paisley, lost his job in the depression, leaving his
mother, a music teacher, as the principal bread-winner.
Educated at Paisley Grammar School, Wylie volunteered for service in
the Fleet Air Arm at the age of 18, and flew as the observer (or
navigator) in Swordfish, "stringbags" as they were known, that saw
service in the Atlantic, escorting Russian convoys.
The main advantage of the biplane Swordfish aircraft was that they flew
so slowly that the Germans found it hard to calibrate their guns to
shoot them down. The casualty rate, however, was high. Wylie said later
that he owed his life to the skills of his pilot, Charles Gough. Gough
remembered it the other way round.
Wylie was demobbed as a sub-lieutenant, but joined the Royal Navy
Volunteer Reserve, where he achieved the rank of lieutenant commander.
After reading history at Glasgow University, he went to St Edmund's
Hall, Oxford, under a government scheme for ex-servicemen, which
allowed him to read and graduate in history. He went on to study Scots
law at Glasgow and Edinburgh universities.
His financial position was still precarious, and he supported himself
by teaching extramural classes at Edinburgh. He was admitted to the
Faculty of Advocates in 1952, and within four years had been appointed
as counsel to the air ministry in Scotland. In 1956 he became an
advocate depute, taking silk eight years later.
Wylie had always been a staunch Tory, a firm believer in the primacy of
the individual, and, through his war experiences, a confirmed European.
When Sir Alec Douglas-Home became Prime Minister, Wylie was appointed
Solicitor-General under Ian Shearer (later Lord Avonside), and in the
same year, 1964, he was adopted for the Pentlands division of
Edinburgh, winning the seat in a hard-won, three-way by-election, then
retaining it in 1966.
Both in government and in opposition, he was a hard-working MP, who
contributed in debate to a number of important measures, principally
concerned with Scottish matters, and was assiduous in attending to his
constituency duties. He worked closely with Quintin Hogg when he was
spokesman for home affairs, and was a colleague of One Nation Tories
such as Alick Buchanan-Smith, Hector Monro and George Younger.
He enjoyed combining his political career with a part-time practice at
the Bar in Edinburgh, but his great moment came when, with the election
of the Heath Government in 1970, he was appointed Lord Advocate and
made a member of the Privy Council. He grew visibly in authority and
demeanour. His advice was often sought, particularly by Sir Geoffrey
Howe, then Solicitor-General.
It was at Wylie's suggestion that the first judge appointed to the
European Court of Justice should be a Scot - Lord Mackenzie Stuart,
who later became President. Political life grew more fraught, however,
towards the end of the Heath Government, and Wylie opted for the
less-stressful life of a judge of the Court of Session. He took his
seat as the change of government happened. He was succeeded as MP for
Edinburgh Pentlands by another luminary of the Scottish Bar, Malcolm
Rifkind.
Wylie's career on the bench was relatively unremarkable. He was an
excellent and extremely courteous judge; but he spent most of his
judicial career in the Outer House, sitting alone, rather than in the
Appeal Court: the opportunities to make a name as a great judge are few
and far between in the Outer House. But Wylie was happy with that. He
never sought the limelight and was happy to serve. A convinced
royalist, he always had a picture of the Queen behind his desk, and
never missed her Christmas broadcast. When it came to politics,
however, he made certain that his judicial life was kept well separated
from his personal perspectives. No one could ever accuse him of being
partisan.
For 20 years he was a trustee of the Carnegie Trust, served as a member
of the Parole Board of Scotland and was chairman of the Scottish
Committee of the English Speaking Union. He was a justice of appeal for
the Republic of Botswana from 1994-1996. A man of great but quiet
personal charm, he was a delight to talk to and generous in his praise
of others.
His first marriage ended in divorce, but in 1963 he married Gillian
Verney, a gym teacher, and they had three sons, with whom he enjoyed
his favourite leisure pursuit - sailing off the Clyde. He named his
yacht Juneph after the boys' Christian names, Julian, Nevill and
Philip. His wife and his three sons survive him.
Lord Wylie, judge, Member of Parliament and former Lord Advocate, was
born on October 26, 1923. He died on September 7, 2005, aged 81.
(c) The Times 20 Sept 2005