Lord Mackay of Clashfern

Lord Mackay of Clashfern
Credit: Chris McAndrew, CC BY 3.0

The Conservative peer served as lord chancellor under Margaret Thatcher and John Major from 1987 to 1997, making him one of the longest-serving holders of the office. He was also lord advocate and later served as a judge of the Supreme Courts of Scotland during a legal and political career spanning decades.

Born James Mackay in Edinburgh in 1927, he took silk in 1965 and was dean of Faculty between 1976 and 1979 before being appointed lord advocate. He was created Baron Mackay of Clashfern on entering the House of Lords in 1979.

Lord Mackay sat as a senator of the College of Justice from 1984 to 1985 and as a lord of appeal in ordinary from 1985 until becoming lord chancellor. He retired from the House of Lords in 2022 at the age of 95.

Upon hearing of his death from the lord speaker, peers audibly sighed in the chamber.

Lord Forsyth of Drumlean said: “I regret to inform the House of the death of the noble and learned lord, Lord Mackay of Clashfern, on July 7.

“There will be an opportunity for the house to pay tribute to Lord Mackay in due course but, on behalf of the House, I extend our condolences to the noble and learned lord’s family and friends.”

Attorney General Lord Hermer said: “Can I start by just reflecting upon the sad news that the lord speaker has just imparted to the House. Lord Mackay, across all parties, was a hugely respected figure. He was a giant in the law and I’m sure we all join in sending our condolences to his family.”

Shadow Attorney General Lord Wolfson of Tredegar said: “He was a great conservative, a great lawyer, a great lord chancellor, and also a man of profound Christian faith, who lived out the words of Scripture, ‘He that ruleth over men must be just, ruling in the fear of God.’”

Lord Advocate Ruth Charteris KC commented: “Lord Mackay was an exceptionally brilliant, enormously capable and perceptive man. I first met him when I was a student, and he was remarkably generous with his time and encouragement. He had a genuine interest in people and in life and, despite his many achievements, he remained unfailingly humble. He was widely respected and admired, and his warmth and wisdom left a lasting impression on all who knew him.”

Dean of Faculty, Roddy Dunlop KC, said: “It is with great sadness that Faculty learnt of the passing of Lord MacKay of Clashfern, one of its most distinguished members and a towering figure in the law of Scotland and the United Kingdom.

“James Mackay was called to the Scottish bar in 1955 and took silk in 1965. From the outset, he was recognised for his formidable intellect, clarity of thought, and unshakeable integrity. His practice at the bar was marked by distinction across a wide range of public and private law, and he quickly came to be regarded as one of the leading advocates of his generation. He was vice dean of Faculty from 1973 to 1976, and dean of Faculty from 1976 to 1979.  

“His public service was equally remarkable. Appointed lord advocate in 1979, he served with distinction during a period of significant constitutional and political complexity. In 1987, he was appointed lord chancellor, a role in which he served for a decade, one of the longest tenures in modern times. In that office, he played a central role in shaping the administration of justice across the United Kingdom, while consistently demonstrating a deep respect for the distinct traditions of Scots law.

“Lord MacKay’s contribution to legal and public life extended well beyond high office. He was a committed parliamentarian, an influential voice in constitutional and legal reform, and a thoughtful contributor to public debate. Throughout, he retained a profound commitment to the rule of law, the independence of the judiciary, and the highest standards of professional conduct.

“Within Faculty, he was held in the highest regard not only for his achievements but for his personal qualities. He was courteous, measured, and generous with his time and wisdom to colleagues and to those entering the profession. His career stands as an enduring example of service, excellence, and leadership at the bar.

“His passing, shortly after his 99th birthday, marks the end of an era. The Faculty of Advocates extends its deepest condolences to his family and all who knew him. He will be remembered with great respect and gratitude for his exceptional contribution to the law and to public life.”