Hoffmann: the fog begins to lift

I wrote here last week about the extraordinary incident just over 10 years ago in which Lord Hoffmann heard an appeal to the House of Lords while he was, in the words of a fellow law lord, “disqualified from sitting”.

One lawyer accused me of seeking to exploit “the only mishap in this otherwise brilliant career”. But another told me it was an honest and courageous piece to have written.

What I particularly hoped is that it would shed more light on the incident itself. Hoffmann has never apologised, never explained.

The general view seems to be that his fellow law lords knew of his connections with Amnesty International, a party to the Pinochet case in which he was sitting. In particular, these links were known to Lord Slynn, who was chairing the panel of five law lords.

According to this account, the rumoured momentary pause at the start of the hearing that I mentioned in my article was ambiguous. Slynn was waiting for Hoffmann to declare his interest. Hoffmann was waiting for Slynn to invite him to do so.

The moment passed. According to this theory, Hoffmann thought he had been given the green light by Slynn. Slynn thought he had no authority to say anything in view of Hoffmann’s silence.

In my view, this was a mistake by Slynn. But it was a much greater mistake by Hoffmann. He could still have interrupted counsel’s opening speech to declare his interest.

Friends of Hoffmann say it was Slynn’s fault for acquiescing. But Slynn felt very badly about it. His supporters say he felt he had been blamed for the debacle that followed and lost the chance to become senior law lord.

But there was some comfort for Slynn in his last days. He was awarded the GBE in the New Year’s Honours List. When he died last month, it was with the feeling that he had been rehabilitated.

Posted at May 1, 2009 08:28 AM