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Journal Interview Lure of the law May 2002 Volume 47 No 5 32 still strong Duncan Hamilton MSP tells Roger Mackenzie why the call of the law was too strong to resist While it’s not really the done thing to discuss someone’s salary, in Duncan Hamilton’s case it’s an unavoidable discussion point following on from his recent decision not to stand at next year’s elections for Holyrood in order to pursue a career in law. And as it’s a matter of public record, broaching the subject isn’t entirely impertinent. Let’s face it, who didn’t ask “Why?” when they heard of the 28-year-old’s decision to sacrifice an annual salary of £48,228 (topped up by some lavish expenses) to return to university and undertake the Diploma in Legal Practice, followed by two years employed at the still notoriously low trainee salary. It’s either a shocking indictment of the Scottish Parliament or striking testimony to the strange lure that the legal profession can still have. “It’s going to be very tough and I will have to live extremely frugally, but if anyone was in any doubt about my professional commitment to becoming a lawyer, they need only look at the financial hit I’ll be taking. I’m not someone who is massively motivated by money, I’m more interested in having a fulfilling and satisfying career and for that reason I think the right move is to go into law”, said Hamilton. Still, Hamilton’s record of prodigious achievement suggests it’s unlikely he’ll live in penury for long – and a career in Opposition probably has limited appeal. “It will take a while for my career to get up and running, and I’m under no illusions about how difficult it will be. It’s not, as some have suggested, a desire to chase money. In the long-term I wouldn’t rule out going to the Bar, but at the moment I’m just focused on trying to kick-start a legal career.” Fiscal considerations aside, how did he arrive at what is a fairly momentous personal decision? “I have been through a process of trying to establish what is the best option for the future and establish more of a real life base as opposed to the institutionalised, slightly unreal world of the Scottish Parliament. In doing that I’ve had a long-term attraction to the law, which is why I did the two-year LLB at Edinburgh after graduating from Glasgow. It was always my intention to go back to the law at some stage.The advice I have taken from friends and colleagues is that a legal career is still one that has dignity and great opportunity.
“Back in 1999 when I was elected as the Parliament’s youngest member it was impossible to say when the time would be right to pursue a legal career. My decision at this stage is as much to do with election cycles as anything else. At 29, I will still be at a reasonable age to pursue a career in law, whereas at the next election it would be slightly less appealing. “I have gone through a great deal of soul searching. I know people would imagine politicians don’t have souls, but I’ve discovered one and having searched it I realised that the Parliament is through the dangerous first period and is reasonably entrenched in public life.” Yet it still doesn’t say much for an institution that has hardly covered itself in glory. Losing its youngest member is hardly auspicious for an improved second term. “The Parliament’s a great deal bigger than me. Hopefully by 2003 I will have played my part in establishing it and I will always be very proud of being the youngest member of the first Parliament. Given that there is a massive section of the population under the age of 30 it was right that there was some representation from people like me who were in their mid to late 20s. That has been a very positive thing. “There are plenty more people of my age and indeed younger who will want to come into Parliament. The minute an MSP starts to believe they are that important in the grand scheme of things, that’s the time to go.” How have colleagues reacted to his decision? “Without any exception at all, there has been a universal understanding that this is the right move for me. People are aware that I have had a long-standing ambition and desire to become a lawyer and it’s fair to say that across the parties there is a degree of jealousy from some that I am still young enough to go and start a new career. People in their 40s or with children probably can’t afford to take the sort of drop in income that I’m now facing. “I’ve been very impressed with the level of understanding and I can honestly say I’ve had nothing but support.” At the risk of offering a situations wanted advertisement gratis, what can he bring to the profession from his time as an MSP? “I recognise that my political background will have pros and cons for potential employers, but hopefully a few firms will find my application attractive. One of the things about being in parliament is that you’re not allowed to have an ego, and I will expect to do my fair share of photocopying as a trainee. I don’t detect any great thirst on the part of my colleagues to learn more about the legal profession “There are more similarities between politics and the law than you would first imagine. Beyond the obvious points of legislating and presenting arguments, there’s my experience of constituency surgeries, dealing with people on a one to one basis to try and take their problem and solve it within the legal framework. “Without doubt I am better equipped now to be a lawyer than if I had gone straight from university, though I imagine in may ways it will be a painful process to go back and be a student again and then become a trainee.” In fact, discounting his time as an MSP, his career path marks a reversion to the tradition of doing law as a second degree. “Most senior lawyers I talk to who have come to law later tell me they have the understanding and maturity to deal with individuals and a real thirst for the law.” For Hamilton, Parliament’s lowest moment came with the fox hunting Bill. Contrary to the SNP party line, he voted against the legislation. “It’s the worst piece of legislation I’ve ever seen. That was generally reckoned to be a very black day for Parliament and showed it up to be an immature institution that didn’t properly understand the legislative process and the implications of what it was doing. That was a damaging and depressing day for Parliament and one which made the case for a revising chamber.” He suggests it was symptomatic of the deficit of understanding his fellow parliamentarians have of the legislative process. “Most MSPs don’t have a sufficient grasp of the law. Outside of the Justice Committees, there’s a lack of appreciation of how courts will interpret legislation that is passed and, perhaps more worryingly, I don’t detect any great thirst on the part of my colleagues to learn more about the legal profession.” Cynics might view his change of career path as testimony to thwarted ambition, the heir apparent to Alex Salmond being marginalised by the new leadership regime. Not so, insists Hamilton. “I’m extremely close to John Swinney, we work closely together on First Minister’s questions. This decision is nothing to do with any individual other than Duncan Hamilton. It’s an entirely personal and positive decision.” For now at least, he’s definitely still a politician. Journal Interview e: roger@connectcommunications.co.uk 33 May 2002 Volume 47 No 5
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