Alan Patrick (AP) Herbert was a popular 20th century writer, often drawing on his legal training to satirise the law, as in his long-running Punch series, Misleading Cases. His works, though generally light and humorous, were a forum for his social reformism on issues such as divorce. For almost 15 years, he had the opportunity to turn theory into practice, when sitting in Parliament as Independent member for Oxford University.

The opportunity to stand for election arose quite by chance. On a train a few weeks before the 1935 general election, he bumped into Professor Lindemann (later Lord Cherwell), who had just been rejected as a Tory candidate for Oxford University.  Herbert commiserated, and mused whether an Independent would stand a chance.  Despite the lack of time, the idea took root, with the future Lord Longford acting as Herbert’s election agent.  

Typically, Herbert’s 5,000-word election address was unconventional, including gems such as section nine: “Agriculture: I know nothing about agriculture.”  The election for the two Oxford seats was by single transferable vote, and Herbert was comfortably elected in second place, splitting the two Tories.  

He took on the Commons immediately. In his maiden speech on the new Parliament’s second day, he opposed a motion by the prime minister to postpone the private members’ bill ballot. Herbert knew the importance of parliamentary procedure in giving Independents a foothold among the party-dominated proceedings. Against all advice to take time to learn the ropes before making his maiden speech, he bounded in, totally unplanned, on 4 December, 1935, to protest against this attack on backbench time.

It was a daring and witty speech, but with a serious purpose. Herbert planned to introduce legislation on divorce and other causes, and felt that the PM’s rationale that backbenchers would be unprepared so early in the Parliament didn’t apply to him. He brandished his divorce bill, and, to the jeers of other members, boldly promised that it would be passed in that Parliament. He reminded them that “all the serious politicians laughed when I disclosed any obscene designs upon my almost virgin university”.

Among all the parliamentary and media criticism, Churchill, then deep in the political wilderness, was more supportive, praising Herbert’s “composure and aplomb”. He characteristically remarked: “Call that a maiden speech? It was a brazen hussy of a speech. Never did such a painted lady of a speech parade itself before a modest Parliament.”

To the surprise of many, Herbert piloted his Matrimonial Causes Bill into law in 1937, a major, if contentious, reform of the divorce laws. He had already introduced other unsuccessful reforming bills on licensing laws and betting. For his own amusement, he even drafted a Spring (Arrangements) Bill in verse. Sadly, this was never presented.

Despite his apparent flippancy, he was genuinely proud of being both a parliamentarian and an active one. His interventions were influential in matters as diverse as the Civil List, and, during the war, the chancellor’s plans to impose Purchase Tax on books.

 Some of his commercial writings had political and parliamentary themes. A successful West End musical play, Big Ben, included many scenes set within the Palace of Westminster. Its first night, in July 1946, was a glittering occasion attended by many senior politicians, including the PM, Attlee, and, according to Herbert, a “rather sleepy” Churchill. Unfortunately, that same night, Herbert’s house in Hammersmith was burgled.

He was easily re-elected at the 1945 general election, defeating Labour’s GDH Cole in the process. A Tory-leaning Independent, he was not so comfortable in a Labour-dominated House, which he described as the “Rude Parliament”.  

His parliamentary career ended when, despite his efforts, the university franchise was abolished in 1948. His final speech, on 23 November, 1949, was in favour of a government bill making provision for the 1951 Festival of Britain, a cause that he strongly supported.  

On the dissolution of Parliament in February 1950, Herbert was no longer an MP, a fact he greatly regretted. In 1970, he wrote: “I was sad when I was abolished and had to go. I missed it, I miss it still… [W]hatever you may think of ‘the politicians’, I am proud that for 15 years I was one of ‘the faithful Commons’.”

Tags: AP Herbert, Issue 39