OF THE LAW SOCIETY OF SCOTLAND - The Journal Online

“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