Claud Schuster, 1st Baron Schuster

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Sir Kenneth Muir Mackenzie
Succeeded bySir Albert Napier
Personal details
Born(1869-08-22)22 August 1869
Sir Felix Schuster
Arthur Schuster
ChildrenChristopher Schuser
Elizabeth Schuster
Alma materNew College, Oxford
ProfessionBarrister, Civil Servant

Claud Schuster, 1st Baron Schuster,

Her Majesty's Civil Service
in 1899 as secretary to the Chief Commissioner of the Local Government Act Commission.

After serving as secretary to several more commissions, he was made Permanent Secretary to the Lord Chancellor's Office in 1915. Schuster served in this position for 29 years under ten different Lord Chancellors, and with the contacts obtained thanks to his long tenure and his work outside the Office he became "one of the most influential Permanent Secretaries of the 20th century".[1] His influence over decisions within the Lord Chancellor's Office and greater Civil Service led to criticism and suspicions that he was a "power behind the throne", which culminated in a verbal attack by the Lord Chief Justice Lord Hewart in 1934 during a session of the House of Lords. Schuster retired in 1944 and was elevated to the peerage. Despite being officially retired he continued to work in government circles, such as with the Allied Commission for Austria and by using his seat in the House of Lords as a way to directly criticise legislation.

Early life and education

New College, Oxford, where Schuster studied between 1888 and 1892

Schuster was born on 22 August 1869 to Frederick Schuster, a manager of the Manchester firm of merchants Schuster, Fulder and Company, and his wife Sophia Wood, the daughter of a

St. George's School, Ascot, one of the most expensive preparatory schools in the country but one known for harsh treatment; it was standard for the headmaster to flog pupils until they bled and force other students and staff to listen to their screams.[7] During the school holidays he accompanied his father to Switzerland, where he developed a lifelong love of mountaineering and skiing.[8] He was president of the Alpine Club from 1938 to 1940.[9]

When he was fourteen he was sent to Winchester College, which was known as both the most academic of the main public schools and also for its discomfort.[10] Schuster's time at St George's had prepared him for discomfort, however, and he was noted as being very proud of attending the school.[8] While at Winchester, Schuster played Winchester College football and was occasionally involved in debates; he was not, however, noted as a particularly exceptional pupil.[11] He matriculated at New College, Oxford in 1888 and graduated with second-class honours in history in 1892; again he was not noted as a particularly outstanding student, which was attributed to the time he spent enjoying himself rather than studying.[12] Despite his lack of academic brilliance he was invited to deliver the Romanes Lecture in 1949, an honour normally only given to the most eminent alumni of Oxford.[12] After graduation, he unsuccessfully tried to become an examination fellow of All Souls College, Oxford.[13]

Bar work and career change

Warren Fisher, who worked with Schuster on the English Commission

After his failure to become a fellow of All Souls, Schuster joined the

Permanent Secretary.[14]

Schuster entered the Civil Service in 1899 and as a qualified lawyer was exempt from the required examinations, something that marked him as "different" from other civil service employees with whom he worked.

Friendly Societies, which granted him a place on the Societies' committee.[16]

In February 1912 he gave up his position as Chief Registrar to become Secretary (and then legal adviser) to the English Insurance Commission, with the newspapers of the time reporting that he had had "three promotions in two months", a consequence of his high standing with Morant.[16] During this period he was also involved in drafting education bills with Arthur Thring.[9] The commission was "a galaxy of future Whitehall stars",[17] and contained many individuals who would later become noted civil servants in their own right, including Morant, Schuster, John Anderson, Warren Fisher and John Bradbury.[18] The contacts Schuster made during his time on the committee were instrumental in advancing his career; as a lawyer rather than a dedicated civil servant he was considered an outsider, and the links he made – particularly the friendships he struck up with Fisher and Anderson – helped allay this to some extent.[19]

He was knighted in 1913 for his services on various committees.[9]

Permanent Secretary to the Lord Chancellor's Office

In 1915

Lord Chancellor's Office, was close to retirement. The Lord Chancellor, Lord Haldane, believed that the duties of the lord chancellorship were too much for one man, and should be divided between a lord chancellor and a minister of justice.[20] As such, he looked for a Permanent Secretary who was a qualified lawyer and who could help him set up a Ministry of Justice after the war, appointing Schuster in early 1915.[20] The two did not work together, however, until Haldane became Lord Chancellor for a second time in 1924;[21] he was forced to resign several months before Schuster started work on 2 July 1915 after being accused of pro-German sympathies.[22]

Lords Buckmaster and Findlay (1915–1916, 1916–1919)

The first Lord Chancellor under whom Schuster served was

justice of the peace.[23] Schuster became Permanent Secretary in July, a month after Buckmaster took his post, and immediately tried to make an impression on the workings of the office by modernising it; under the previous Permanent Secretary – who abhorred time-saving mechanisms – shorthand had been forbidden, and the office had owned only one typewriter.[25] Buckmaster and Schuster had similar outlooks on World War I, with both their sons serving on the Western Front; Schuster almost certainly helped write the 1915 memorandum Buckmaster circulated to Cabinet arguing that forces should be concentrated on the Western Front rather than spread out in an attempt to assault other areas.[26]

Jimmy Thomas; the group was described as "the future Labour Cabinet".[31] During Findlay's tenure as Lord Chancellor the question of a Ministry of Justice again came up; while the Law Society was in favour of such a department the Bar Council along with Schuster was opposed to any changes in the status quo, and as the person who prepared a report on the matter for the Lord Chancellor Schuster did his best to express his disapproval of any changes.[32] For his continued work in the Civil Service Schuster was made a Commander of the Royal Victorian Order in 1918.[9] A year later he was made a King's Counsel: an odd honour for a man who no longer practiced as a barrister.[9]

Lord Birkenhead (1919–1922)

Finlay had been appointed on the conditions that he would not claim a pension (it was war-time, and there were already four retired Lord Chancellors claiming £5,000 per year pensions) and that he would resign when required.

George V himself wrote to the Prime Minister before Birkenhead was appointed and said that "His Majesty does not feel sure that [Birkenhead] has established such a reputation in men's minds as to ensure that the country will welcome him to the second highest position which can be occupied by a subject of the Crown".[34] Birkenhead and Schuster established a strong partnership, and Schuster played a part in instituting Birkenhead's legal reforms, particularly those relating to the law of real property.[35]

Real property law in the English and Welsh legal system had evolved from

devilled for Scott when working as a barrister in Liverpool) was appointed as a member.[37] The subcommittee decided that the law should be changed to merge real and personal property law, and that outdated aspects of land law such as copyholds and gavelkind should be eliminated.[37] When Birkenhead became Lord Chancellor in 1919 he inherited the problem of English property law, and immediately instructed Schuster to prepare the department for forcing a bill through Parliament on the matter.[38]

Although there was general agreement that property law should be reformed the process was made more difficult by the various vested interests involved; the Law Society, for example, was opposed to the changes because it would reduce the fees dedicated property solicitors could earn by making it possible for more solicitors to understand that area of law and become involved.[38] After intense negotiation Schuster and the Law Society representative agreed that a "period of probation" lasting three years would be included in the bill, which Charles Brickdale the Chief Registrar of HM Land Registry considered "a very good bargain".[39] When the bill finally got to the House of Commons it met additional opposition from Members of Parliament who were also members of the Law Society and Bar Council, as well as Lord Cave who later became Lord Chancellor.[40] After further negotiations the bill was passed on 8 June 1922, with Birkenhead taking the credit, and it became the Law of Property Act 1922.[41]

Schuster also assisted Birkenhead in his attempts to reform the administration of the court system, particularly in his preparation of the

Knight Commander of the Order of the Bath (KCB) in the 1920 New Year War Honours.[45]

Lords Cave and Haldane (1922–1924, 1924)

By the summer of 1922 the

Privy Councillor. MacDonald was not a Privy Councillor, and therefore could not be made Prime Minister.[48] The king asked Lord Cave for a way around this problem, and as an expert on constitutional issues Schuster helped draft the response.[48] In the end it was determined that MacDonald would be sworn in as a Privy Councillor and then invited to form a government.[48]

As a member of the old Conservative government Cave left office on 23 January 1924.

Zinoviev Letter, and no large-scale reforms such as the creation of a Ministry of Justice were ever pushed through.[52]

Lords Cave and Hailsham (1924–1928, 1928–1929)

After the collapse of the Labour government in October 1924 the Conservative Party returned to power, and

Knight Grand Cross of the Order of the Bath in the 1927 New Year Honours.[55]

Lord Cave resigned on 28 March 1928 due to ill health, and died the day after.[56] His replacement was Lord Hailsham, who was appointed by Stanley Baldwin on 29 March 1928.[57] Hailsham's first tenure as Lord Chancellor lasted barely a year and highlighted the fact that despite his abilities (many thought that if he had not accepted the offer to become Lord Chancellor he would likely have become Prime Minister) he was not a particularly innovative Lord Chancellor.[58] For a short period in August 1928 he acted as Prime Minister (Baldwin was on holiday in Aix-en-Provence) with Schuster as his chief adviser, but he rarely went to 10 Downing Street and nothing eventful happened during his time in charge.[58]

Lord Sankey (1929–1935)

Lord Hailsham left office in mid-1929 with the fall of the Conservative government in 1929. His replacement was a member of the newly elected Labour Government, Lord Sankey, who was appointed on 8 June 1929.[59] Sankey was appointed on Schuster's advice, and served longer with him than any other Lord Chancellor.[60] Sankey was a "reforming" Lord Chancellor, and as part of one of his first reforms Schuster helped him draft and pass the Statute of Westminster in 1931.[60]

During this period the question of Judge's salaries also arose, and almost caused a constitutional crisis.

economic crash led to the government passing the National Recovery Act 1931, which reduced the salaries of High Court judges by 20%.[62] The judges, who had been expecting a pay raise instead, were shocked, and six High Court judges threatened to resign, with Mr Justice McCardie accusing Schuster of having his salary almost doubled in the last twelve years.[62] The Prime Minister and Sankey met to write a letter to the judges demanding that they give in; as soon as Schuster heard about this he rushed to Whitehall to "stop the madness".[63] The protests from the judges increased through 1931 and 1932, with several judges including Mr Justice Clauson and Mr Justice Luxmoore threatening to sue the government.[63] After negotiations between Schuster and the judges failed to bring an end to the crisis the section of the act cutting judges' pay was quietly dropped.[63]

Soon after becoming Permanent Secretary Schuster had decided that his aim should be to make sure that the entire court system was under the control of his office, rather than partially under his control and partially under the control of the

Court of Appeal rather than a divisional court.[65] He also attempted to have the number of jury trials in civil cases reduced, something which Hanworth supported but which was blocked by the King's Bench Division.[65]

Schuster also took part in law reform after Lord Sankey decided to set up a Law Revision Committee in January 1934 which consisted of Sankey, Schuster, four judges, five barristers, one solicitor and two academic lawyers.[66] The committee produced 86 reports from 1934 to 1939 on a variety of subjects, and many of their recommendations were made into legislation after negotiations with the Home Office.[66] Although the Law Revision Committee fell into disuse after this it was re-formed as a permanent Law Commission in 1965.[66]

In 1934 Schuster was subject to a public attack by

Court of Appeal, a right traditionally held by the Lord Chief Justice.[67] Hewart immediately made plans to attend the House of Lords, where Lord Sankey was expected to move the second reading of the bill in question.[68] Immediately after second reading Hewart rose and began a speech that was "as violent an attack as has ever been made in the Lords".[69] In it he criticised the officials of the Lord Chancellor's Department[70] (which to listeners clearly meant Schuster specifically) and insinuated that the bill was part of a conspiracy to move power from the judiciary to the politicians (and thus the civil service) and create a Ministry of Justice.[69][70] The speech provoked uproar in the house; a public quarrel between senior judges and civil servants had not happened in centuries, especially in such a traditionally calm and collected place.[69] Lord Reading, himself a former Lord Chief Justice, adjourned the debate,[71] and the following Friday Lord Hailsham, at the time the Leader of the House of Lords, made a defence of Schuster, saying that "I can show that this is an absolute delusion [and] that there was no such scheme ever hatched".[72][73] He showed that the proposal of a Ministry of Justice had originated in 1836, long before Schuster became Permanent Secretary, and in addition that the report Schuster had helped prepare for Sankey was clearly biased against the creation of such a Ministry as he himself was opposed to it.[72][73] He went on to praise Schuster as "the author and instigator of many great reforms", and along with a similar speech by Lord Sankey and an amendment to the offending bill this helped appease Hewart.[72]

Lords Hailsham and Maugham (1935–1938, 1938–1939)

First World War and present it to Warren Fisher.[74] Fisher was horrified at how outdated the laws were, and with the permission of the Cabinet organised a War Legislation Committee under Schuster to draft a new code of defence regulations.[75] Norman Brook, later head of the Civil Service, served as secretary, and the committee was described as "a model piece of organisation" thanks to the work of Schuster as chairman.[75] The regulations drafted by the committee were eventually made into law after the passing of the Emergency Powers (Defence) Act 1939.[75]

Second World War in 1939, due to their differing political opinions.[78] Schuster did not play an active part in policy decisions in this period, partially because of his disagreements with Maugham and partially because Maugham preferred to work on legislation and policy changes himself.[79] Schuster later said that he got on with all of his Lord Chancellors except one—Maugham.[78]

Lords Caldecote and Simon (1939–1940, 1940–1945)

Second World War.[81] Putting the country on a war footing would impact on the ability of people to fulfil their civil obligations if, for example, they were conscripted, and Schuster was made chairman of a Cabinet subcommittee "to consider the problems arising from the inability of persons, owing to war conditions, to fulfil their contractual and other obligations, and in particular to consider the complaints already made to MPs and government departments".[82] The subcommittee made six reports and their recommendations were eventually made into the Liabilities (Wartime Adjustment) Acts of 1941 and 1944.[82] Schuster also led the committee that drafted the USA (Visiting Forces) Bill that provided that any criminal proceedings in relation to the behaviour of US soldiers stationed in Britain would be led by the US military authorities rather than the British government.[82]

Sir Walter Monckton.[85]

Retirement

Schuster retired in 1944, and on 22 June of that year he was raised to the peerage as Baron Schuster, of Cerne in the County of

Second World War. On 27 June 1956 he fell ill at an old Wykehamist dinner and was taken to Charing Cross Hospital, where he died the next morning.[9]

Personal life

Schuster met

William Walter Merry when he was Rector of Lincoln College, Oxford and the two became friends due to their shared love of mountaineering. Through him he met Merry's daughter, Elizabeth, whom he married in 1896.[93] They had two children: a son, Christopher John Claud Schuster, in 1899 and a daughter, Elizabeth Alice Schuster, in 1902, before Elizabeth Merry's death in 1936.[94][95] Christopher also attended Winchester College and was killed in 1918 on the Western Front,[12] and Elizabeth later married Theodore Turner, a King's Counsel, before dying in 1983.[94]

Arms

Coat of arms of Claud Schuster, 1st Baron Schuster
Crest
On a wreath Or and Gules a lion passsant Or gorged with a collar flory counter flory Gules and resting the dexter paw on an escutcheon Argent charged with a penner and ink-horn Sable.
Escutcheon
Ermine a lion passant Or on a chief Gules a portcullis chained between two hearts also Or.
Supporters
Dexter a lion Ermine; sinister a pegasus Or; each gorged with a collar flory counter-flory Gules.
Motto
Levavi Oculos[96]

References

  1. ^ Hall (2003) p.x
  2. ^ Hall (2003) p.1
  3. ^ "Oxford DNB article:Schuster, Sir Arthur (subscription needed)". Oxford University Press. 2004. Retrieved 14 February 2009.[permanent dead link]
  4. doi:10.1093/ref:odnb/35977. Retrieved 14 February 2009. (Subscription or UK public library membership
    required.)
  5. doi:10.1093/ref:odnb/31661. Retrieved 14 February 2009. (Subscription or UK public library membership
    required.)
  6. ^ Hall (2003) p.2
  7. ^ Hall (2003) p.3
  8. ^ a b Hall (2003) p.4
  9. ^
    doi:10.1093/ref:odnb/35976. Retrieved 16 February 2009. (Subscription or UK public library membership
    required.)
  10. ^ Hall (2003) p.7
  11. ^ Hall (2003) p.6
  12. ^ a b c Hall (2003) p.8
  13. ^ a b c Hall (2003) p.11
  14. ^ a b c Hall (2003) p.12
  15. ^ a b c Hall (2003) p.13
  16. ^ a b Hall (2003) p.14
  17. ^ Hall (2003) p.15
  18. ^ Hall (2003) p.22
  19. ^ Hall (2003) p.26
  20. ^ a b Hall (2003) p.44
  21. ^ Hall (2003) p.45
  22. doi:10.1093/ref:odnb/33643. Retrieved 5 July 2009. (Subscription or UK public library membership
    required.)
  23. ^ a b c Hall (2003) p.72
  24. ^ "No. 29175". The London Gazette. 28 May 1915. pp. 5099–5100.
  25. ^ Hall (2003) p.43
  26. ^ Hall (2003) p.74
  27. ^ Hall (2003) p.75
  28. ^ a b c Hall (2003) p.79
  29. ^ "No. 29860". The London Gazette. 12 December 1916. pp. 12117–12118.
  30. ^ Hall (2003) p.80
  31. ^ Hall (2003) p.82
  32. ^ Hall (2003) p.86
  33. ^ a b c Hall (2003) p.83
  34. ^ Hall (2003) p.88
  35. ^ Hall (2003) p.104
  36. ^ a b Hall (2003) p.105
  37. ^ a b c Hall (2003) p.106
  38. ^ a b Hall (2003) p.107
  39. ^ Hall (2003) p.108
  40. ^ Hall (2003) p.109
  41. ^ Hall (2003) p.110
  42. ^ a b Hall (2003) p.111
  43. ^ a b Hall (2003) p.112
  44. ^ a b c Hall (2003) p.113
  45. ^ "No. 31713". The London Gazette (Supplement). 30 December 1919. p. 1.
  46. ^ "No. 32761". The London Gazette. 27 October 1922. pp. 7531–7532.
  47. ^ a b c Hall (2003) p.140
  48. ^ a b c Hall (2003) p.141
  49. ^ Hall (2003) p.150
  50. ^ "No. 32901". The London Gazette. 25 January 1924. pp. 769–770.
  51. ^ Hall (2003) p.151
  52. ^ Hall (2003) p.154
  53. ^ "No. 32989". The London Gazette. 7 November 1924. pp. 8041–8042.
  54. ^ a b c d Hall (2003) p.146
  55. ^ "No. 33235". The London Gazette (Supplement). 31 December 1926. pp. 4–7.
  56. ^ Hall (2003) p.155
  57. ^ "No. 33371". The London Gazette. 30 March 1928. pp. 2321–2322.
  58. ^ a b Hall (2003) p.156
  59. ^ "No. 33505". The London Gazette. 11 June 1929. pp. 3855–3856.
  60. ^ a b Hall (2003) p.165
  61. ^ Hall (2003) p.178
  62. ^ a b c d e f Hall (2003) p.179
  63. ^ a b c Hall (2003) p.181
  64. ^ a b c Hall (2003) p.190
  65. ^ a b Hall (2003) p.191
  66. ^ a b c Hall (2003) p.192
  67. ^ a b Hall (2003) p.216
  68. ^ Hall (2003) p.218
  69. ^ a b c Hall (2003) p.219
  70. ^ a b "SUPREME COURT OF JUDICATURE (AMENDMENT) BILL. [H.L.]". Parliamentary Debates (Hansard). 11 December 1934.
  71. ^ "BUSINESS OF THE HOUSE". Parliamentary Debates (Hansard). 12 December 1934.
  72. ^ a b c Hall (2003) p.224
  73. ^ a b "SUPREME COURT OF JUDICATURE (AMENDMENT) BILL [H.L.]". Parliamentary Debates (Hansard). 14 December 1934.
  74. ^ a b Hall (2003) p.157
  75. ^ a b c Hall (2003) p.159
  76. ^ "No. 34493". The London Gazette (Supplement). 15 March 1938. pp. 1747–1748.
  77. ^ Hall (2003) p.235
  78. ^ a b Hall (2003) p.237
  79. ^ Hall (2003) p.236
  80. ^ "No. 34670". The London Gazette. 5 September 1939. pp. 6067–6068.
  81. ^ Hall (2003) p.240
  82. ^ a b c Hall (2003) p.241
  83. ^ Hall (2003) p.243
  84. ^ Hall (2003) p.244
  85. ^ Hall (2003) p.245
  86. ^ Hall (2003) p.253
  87. ^ "No. 36585". The London Gazette. 27 June 1944. p. 3045.
  88. ^ "No. 35119". The London Gazette. 28 March 1941. p. 1802.
  89. ^ Hall (2003) p.257
  90. ^ Hall (2003) p.258
  91. ^ Hall (2003) p.259
  92. ^ Hall (2003) p.260
  93. ^ Hall (2003) p.9
  94. ^ a b Hall (2003) p.xvii
  95. ^ Hall (2003) p.10
  96. ^ Burke's Peerage. 1956.

Bibliography

  • Hall, Jean Graham; Douglas F. Martin (2003). Yes, Lord Chancellor: A Biography of Lord Schuster. Chichester, West Sussex: Barry Rose Law Publishers.
    ISBN 1-902681-35-5
    .
Government offices
Preceded by
Sir Kenneth Muir Mackenzie
Permanent Secretary of the Lord Chancellor's Department

1915–1944 		Succeeded by
Peerage of the United Kingdom
New creation
Baron Schuster

1944–1956 		Extinct

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