Supreme court judge Lord Rodger dies aged 66
Tributes paid to Scottish justice, known for his lively judicial commentary, who passed away after a short illness
Lord Rodger of Earlsferry, one of the supreme court's two Scottish justices, has died after a short illness, opening up a vacancy on the 12-strong bench.
The 66-year-old Oxford academic and former lord advocate had recently been caught up in a row over the authority of the supreme court in Scottish criminal affairs.
There were generous tributes to the long-serving judge from colleagues who praised his ability and the force of his judgments.
Lord Phillips, president of the supreme court, said: "For 10 years he has been a mainstay of the law lords and of the supreme court. He was an outstanding jurist and a wonderful companion. His premature death is a tragic loss to the court and to the nation."
Earlier this month Alex Salmond, the leader of the Scottish National party, launched an attack on the Westminster-based court, accusing it of "intervening aggressively" in Scotland's independent legal system after it ruled that the Scottish system had twice breached the European convention on human rights.
The Scottish cabinet has set up an expert legal group to consider how Salmond's government can block the supreme court from its oversight of criminal cases.
An appointments commission will be established in due course by the supreme court to advertise the vacancy and oversee the selection process. Rodger's replacement will be from the Scottish judiciary.
The search for a replacement comes as the House of Lords' constitution committee begins hearings next month on the judicial appointments procedure.
Peers will consider whether parliament should hold US-style confirmation hearings of supreme court justices on the grounds that their role is becoming increasingly influential.
The committee will also examine concerns about judicial diversity: of 11 remaining justices, 10 are white men and only one, Baroness Hale, is a woman. None ! are from minority ethnic backgrounds.
Rodger will be missed for his lively judicial commentary. Addressing the deportation of gay and lesbian asylum seekers last year, he observed: "Just as male heterosexuals are free to enjoy themselves playing rugby, drinking beer and talking about girls with their mates, so male homosexuals are to be free to enjoy themselves going to Kylie concerts, drinking exotically coloured cocktails and talking about boys with their straight female mates."
Cameron Ritchie, president of the Law Society of Scotland, said: "Lord Rodger was an eminent and distinguished figure within the Scottish legal profession. He held some of Scotland's most distinguished positions, including lord advocate and lord president, where he demonstrated immense ability and intellect. Above all he was a great ambassador for the Scottish legal profession and someone who will be greatly missed."
The Crown Office in Scotland said the legal profession was "poorer for his passing".
Lord Hope, deputy president of the supreme court and the other Scottish justice on its bench, said: "Lord Rodger's premature death has deprived us all of a greatly valued colleague and a much loved friend. It is a desperately sad end to a brilliant career. His contribution to the development of the law was immense. He had so much more still to give, both as a judge and to academic life both in Scotland and at Oxford."
Despite challenging the supreme court's judgments, Salmond, said: "Lord Rodger made an outstanding contribution to public life in Scotland over many years both as a judge and as lord advocate.
"He was held in the highest regard by all those who worked with him in public service, and dedicated himself to the interests of justice during a long and hugely influential career."
Born in Glasgow in 1944 and educated at Kelvinside Academy, Alan Rodger graduated in law from Glasgow University. He was a junior research fellow of Balliol and then a fellow of New College from 1970-1972.
He ! became s olicitor general for Scotland in 1989, a post he held until 1992, when he became lord advocate, a post he held until 1995.
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