Peter Goldsmith, Baron Goldsmith
Encyclopedia
Peter Henry Goldsmith, Baron Goldsmith, PC
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...

, QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...

 (born 5 January 1950), is a former Attorney General for England and Wales
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...

 and Northern Ireland
Attorney General for Northern Ireland
The Attorney General for Northern Ireland is the chief legal adviser to the Northern Ireland Executive for both civil and criminal matters that fall within the devolved powers of the Northern Ireland Assembly....

. On 22 June 2007, Goldsmith announced his resignation which took effect on 27 June 2007, the same day that prime minister, Tony Blair
Tony Blair
Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...

, stepped down. Goldsmith was the longest serving Labour Attorney General. He currently works for US law firm Debevoise & Plimpton
Debevoise & Plimpton
Debevoise & Plimpton LLP is a prominent international law firm based in New York City. Founded in 1931 by Eli Whitney Debevoise and William Stevenson, Debevoise has been a long established leader in corporate litigation and large financial transactions. In recent years, its practice has taken on an...

 as head of its European litigation practice.

Biography

Goldsmith was born in Liverpool
Liverpool
Liverpool is a city and metropolitan borough of Merseyside, England, along the eastern side of the Mersey Estuary. It was founded as a borough in 1207 and was granted city status in 1880...

 and educated at Quarry Bank School (now Calderstones School
Calderstones School
Calderstones School is an English comprehensive school and specialist science college, located opposite Calderstones Park on Harthill Road in the Liverpool suburb of Allerton.The school's post code is L18 3HS...

) before reading law at Gonville and Caius College, Cambridge
Gonville and Caius College, Cambridge
Gonville and Caius College is a constituent college of the University of Cambridge in Cambridge, England. The college is often referred to simply as "Caius" , after its second founder, John Keys, who fashionably latinised the spelling of his name after studying in Italy.- Outline :Gonville and...

 and University College London
University College London
University College London is a public research university located in London, United Kingdom and the oldest and largest constituent college of the federal University of London...

. He was called to the Bar
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...

 at Gray's Inn
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...

 in 1972, practising from Fountain Court Chambers in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...

. He became a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...

 in 1987 and a Deputy High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...

 Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

 in 1994 and he was elected the youngest ever Chairman of the Bar of England and Wales in 1995. He was created a Labour Life Peer
Life peer
In the United Kingdom, life peers are appointed members of the Peerage whose titles cannot be inherited. Nowadays life peerages, always of baronial rank, are created under the Life Peerages Act 1958 and entitle the holders to seats in the House of Lords, presuming they meet qualifications such as...

 in 1999, as Baron Goldsmith, of Allerton
Allerton, Merseyside
Allerton is a suburb of Liverpool, in Merseyside, England. It is located southeast of Liverpool city centre, bordered by Mossley Hill, Woolton, Hunts Cross and Garston....

 in the County of Merseyside
Merseyside
Merseyside is a metropolitan county in North West England, with a population of 1,365,900. It encompasses the metropolitan area centred on both banks of the lower reaches of the Mersey Estuary, and comprises five metropolitan boroughs: Knowsley, St Helens, Sefton, Wirral, and the city of Liverpool...

. He was appointed Her Majesty's Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...

 in June 2001. One of his first acts was to discuss breaches of the injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...

 against publishing the whereabouts of the offenders in the James Bulger
James Bulger
James Bulger may refer to:* James Patrick Bulger, toddler murdered by two ten-year-old boys in Liverpool, England, in 1993* James J. "Whitey" Bulger, alleged American gang leader...

 murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...

 case. He became a Privy Counsellor
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...

 in 2002.

Goldsmith has also held a number of posts in international legal organisations, including Council Member of the International Bar Association (IBA) and of the Union Internationale des Avocats. From 1998 until his appointment as Attorney General he was co-Chairman of the IBA’s Human Rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

 Institute. Between 1997 and 2000 he was Chairman of the Financial Reporting Review Panel, a non-departmental public body
Non-departmental public body
In the United Kingdom, a non-departmental public body —often referred to as a quango—is a classification applied by the Cabinet Office, Treasury, Scottish Government and Northern Ireland Executive to certain types of public bodies...

 responsible for enforcing financial reporting standards. In 1997 he was elected to membership of the American Law Institute
American Law Institute
The American Law Institute was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law, Principles of the Law, model codes, and other proposals for law...

 and made a member of the Paris
Paris
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...

 Bar.

In 1996 he founded the Bar Pro Bono
Pro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...

 Unit of which he was Chairman until 2000 and remains President
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...

. He was the Prime Minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...

's Personal Representative to the Convention for the Charter of Fundamental Rights of the European Union
Charter of Fundamental Rights of the European Union
The Charter of Fundamental Rights of the European Union enshrines certain political, social, and economic rights for European Union citizens and residents, into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of...

.

In November 2006, he visited a number of pro bono legal and criminal justice charities in Kenya, including Philemon Ministries
Philemon Ministries
Philemon Ministries is a charitable foundation started by Kelvin Mwikya in Nairobi, Kenya in 1992. The charity provides food, shelter, counselling, community, training and employment to prisoners and former prisoners...

.

In 2006, Goldsmith gave a speech at the Royal United Services Institute
Royal United Services Institute
The Royal United Services Institute for Defence and Security Studies , officially still known by its old name, the Royal United Services Institution, is a British defence and security think tank. It was founded in 1831 by The Duke of Wellington.RUSI describes itself asIt won Prospect Magazine's...

, calling for the closure of the US detention camp at Guantanamo Bay
Guantanamo Bay detainment camp
The Guantanamo Bay detention camp is a detainment and interrogation facility of the United States located within Guantanamo Bay Naval Base, Cuba. The facility was established in 2002 by the Bush Administration to hold detainees from the war in Afghanistan and later Iraq...

. Goldsmith called it a "symbol of injustice", and said that it did not respect the rights of liberty or freedom.

On 17 February 2007, the Mail on Sunday
Daily Mail
The Daily Mail is a British daily middle-market tabloid newspaper owned by the Daily Mail and General Trust. First published in 1896 by Lord Northcliffe, it is the United Kingdom's second biggest-selling daily newspaper after The Sun. Its sister paper The Mail on Sunday was launched in 1982...

 reported that Goldsmith, who is married, had been having an affair with Kim Hollis QC.

In 2007, Goldsmith was accused of attempting to cover up the BAE-Saudi corruption
Al Yamamah
Al Yamamah is the name of a series of a record arms sales by the United Kingdom to Saudi Arabia, which have been paid for by the delivery of up to of crude oil per day to the UK government. The prime contractor has been BAE Systems and its predecessor British Aerospace...

 case by ordering the Serious Fraud Office
Serious Fraud Office
The Serious Fraud Office may refer to:*Serious Fraud Office *Serious Fraud Office...

 to call off its ongoing investigation into the matter, arguing that it might "compromise national security."

Invasion of Iraq controversy

The nature of Goldsmith's legal advice to the Government over the legality of the 2003 invasion of Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....

 was a significant political issue at the time.

The Government turned down repeated calls to break with tradition and have the advice made public. Goldsmith's original memo to the Prime Minister written on 30 January 2003 opined that UN Resolution 1441 did not sanction the use of force and that a further resolution would be required before military action. A subsequent memo written on 7 March 2003, was eventually leaked
News leak
A news leak is a disclosure of embargoed information in advance of its official release, or the unsanctioned release of confidential information.-Types of news leaks:...

 to the press, which led to its official publication on 28 April 2005. In the memo, Lord Goldsmith discussed whether the use of force in Iraq could legally be justified by Iraq's 'material breach', as established in UN Security Council Resolution 1441
United Nations Security Council Resolution 1441
United Nations Security Council Resolution 1441 is a United Nations Security Council resolution adopted unanimously by the United Nations Security Council on November 8, 2002, offering Iraq under Saddam Hussein "a final opportunity to comply with its disarmament obligations" that had been set out...

, of its ceasefire obligations as imposed by Security Council Resolution 687
United Nations Security Council Resolution 687
United Nations Security Council Resolution 687, adopted on April 3, 1991, after reaffirming resolutions 660, 661, 662, 664, 665, 666, 667, 669, 670, 674, 677, 678 and 686 , the Council set the terms, in a comprehensive resolution, with which Iraq was to comply after losing the Gulf War.The...

 at the end of the First Gulf War. Goldsmith concluded that 'a reasonable case can be made that resolution 1441 is capable in principle of reviving the authorisation [of the use of force] in Resolution 678 without a further resolution.' However, Goldsmith did concede that 'a court might well conclude that operative paragraphs 4 and 12 do require a further Council decision in order to revive the authorisation.' In this Memo he also concluded "the argument that resolution 1441 alone has revived the authorisation to use force in resolution 678 will only be sustainable if there are strong factual grounds for concluding that Iraq has failed to take the final opportunity. In other words, we would need to be able to demonstrate hard evidence of non-compliance and non-cooperation."

In his final advice to the Government, written on 17 March 2003, Goldsmith stated that the use of force in Iraq was lawful. This advice stated Goldsmith's preferred view in more unequivocal terms than his earlier memo, without reference to the doubts expressed therein. This has led to allegations that Goldsmith succumbed to political pressure to find legal justification for the use of force
Jus ad bellum
Jus ad bellum is a set of criteria that are to be consulted before engaging in war, in order to determine whether entering into war is permissible; that is, whether it is a just war....

 against Iraq. Shortly after the leak Goldsmith released a statement in response to such allegations, saying that the two documents were consistent, pointing to the difference in the nature of the two documents and to the firm assurances he claims to have had received between 7 and 17 March that Iraq was indeed in breach of its obligations under Security Council resolutions.

The controversy was heightened by the resignation of Elizabeth Wilmshurst
Elizabeth Wilmshurst
Elizabeth Wilmshurst CMG, fellow of the Royal Institute of International Affairs at Chatham House and Professor of International Law at University College London, is best known for her role as Deputy Legal Adviser at the Foreign and Commonwealth Office of the United Kingdom on the eve of the...

, deputy legal adviser at the Foreign and Commonwealth Office
Foreign and Commonwealth Office
The Foreign and Commonwealth Office, commonly called the Foreign Office or the FCO is a British government department responsible for promoting the interests of the United Kingdom overseas, created in 1968 by merging the Foreign Office and the Commonwealth Office.The head of the FCO is the...

, on 20 March 2003. A full version of her letter of resignation became public in March 2005. In this, Wilmshurst stated that the reason for her resignation was that she did not agree with the official opinion that the use of force in Iraq was legal. She also accused Goldsmith of changing his view on the matter. In the course of her testimony to the Iraq Inquiry commission, Wilmshurst, even though she understood that "Goldsmith was put into an impossible position", she expressed her disapproval of the way Goldsmith set about in formulating his eventual opinion, stating she thought that "the process that was followed in this case was lamentable," adding that she believes "there should have been a greater transparency within [the British] government about the "evolving legal advice." On the efforts of the Attorney General to determine the nature of the alleged Iraqi breaches, she expressed her disapproval of Goldsmith relying, in part, for his legal opinion, "on private conversations he had with British and US negotiators on what the French [negotiators] had said," while "of course, he hadn't asked the French themselves."

In November 2008, the former Lord Chief Justice and Senior Law Lord Lord Bingham of Cornhill stated that Goldsmith's advice contained "no hard evidence" that Iraq had defied UN resolutions "in a manner justifying resort to force" and that the invasion was "a serious violation of international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...

 and of the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...

."

Goldsmith gave evidence to the Iraq Inquiry on January 27, 2010, in which he was asked to explain his position on the legality of the invasion of Iraq.

Present position

Goldsmith has been appointed head of European Litigation at the London office of US law firm Debevoise & Plimpton
Debevoise & Plimpton
Debevoise & Plimpton LLP is a prominent international law firm based in New York City. Founded in 1931 by Eli Whitney Debevoise and William Stevenson, Debevoise has been a long established leader in corporate litigation and large financial transactions. In recent years, its practice has taken on an...

.

He is the first retiring Attorney General ever to join a law firm. In August 2008, Goldsmith qualified as a solicitor of the "Supreme Court of England and Wales" in order to become a full equity partner
Equity partner
An equity partner is a partner in a partnership who is a part owner of the business, and is entitled to a proportion of the distributable profits of the partnership...

 of the firm (and so share in the firm's profits and acquire an ownership share in the firm). He is reported - by The Guardian
The Guardian
The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...

newspaper on 27 September 2007 - to be remunerated at the rate of £1 million a year in his new position. The same report said that he would have expected to earn more than that if he had resumed practice at the English Bar.

His former chambers are Fountain Court, from where several very distinguished lawyers have come, including Lord Bingham of Cornhill, the former senior law lord
Senior Lord of Appeal in Ordinary
The President of the Supreme Court of the United Kingdom is the head of the Supreme Court of the United Kingdom. The office is equivalent to the now-defunct position of Senior Lord of Appeal in Ordinary, also known as the Senior Law Lord, who was the highest ranking Lord of Appeal in Ordinary...

.

Upon leaving office, former Attorneys General usually return to practise at the Bar, often at the chambers which they left upon appointment as Attorney. Unlike the position with retired Lords Chancellor, there is no prohibition on an Attorney General returning to practise at the Bar, where they usually resume a far more lucrative position vis-à-vis the meagre financial rewards of public service.

As a former Minister and holder of public office, Goldsmith has had to accept a number of restrictions on his freedom to practise for two years after leaving office. The restrictions are imposed by the prime minister on the advice of the Advisory Committee on Business Appointments, a branch of the Cabinet Office (www.acoba.gov.uk).

Goldsmith's restrictions prevent him, for 12 months after leaving office, from being personally involved in lobbying Government Ministers or officials. For two years after leaving office, he is required to stand aside from dealing with any matter about which he had confidential or privileged information acquired while he was Attorney General.

Goldsmith was a lawyer of famous Georgian
Georgia (country)
Georgia is a sovereign state in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded to the west by the Black Sea, to the north by Russia, to the southwest by Turkey, to the south by Armenia, and to the southeast by Azerbaijan. The capital of...

 businessman Badri Patarkatsishvili
Badri Patarkatsishvili
Arkady "Badri" Patarkatsishvili was a wealthy Georgian businessman, who was also extensively involved in politics. He contested the 2008 Georgian presidential election and came third with 7.1% of the votes...

 who spent the final day in his office, before collapsing and dying of a heart attack at his Leatherhead
Leatherhead
Leatherhead is a town in the County of Surrey, England, on the River Mole, part of Mole Valley district. It is thought to be of Saxon origin...

 mansion.

In August 2008, Goldsmith was appointed as an independent non-executive director of the Australian property trust, Westfield Group.

External links


Offices held

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