The current judicial appointments system is institutionally racist and the problems of under-representation of ethnic minority lawyers on the bench can only be solved by 'positive action', the Society of Black Lawyers (SBL) claimed last week.

In a stinging critique of the current system, the SBL's response to the government consultation on a judicial appointments commission said there is 'substantial racism in the current appointments system...

the racism is institutional'.

It also identified 'substantial cronyism' and a belief that appointments are made from those applicants who fit the 'establishment profile'; even ethnic minority appointees fit this profile, the SBL said, adding that their success 'amounts in the main to "tokenism"'.

The SBL accepted that there has been 'some, but not substantial, improvement' to the current system, for which it gave credit to the personal interest and action taken by the previous Lord Chancellor, Lord Irvine.

It said Lord Irvine often agreed to look personally into applicants' grievances and sometimes reversed a decision not to give an interview or appointment.

The SBL said the indications were that his successor, Lord Falconer, would not be so interventionist, and argued that there was nothing in his plans for a commission that addressed the current problems.

Its response explained: 'In practice, nothing will change.

The Civil Service and the judiciary will still have a huge (indeed the only significant) role to play in appointments.

The proposals deflect from the real issue, namely the actual unfairness that exists in the system, as opposed to the unfairness perceived to exist by reason of the appointment of judges being in the hands of a person who also has involvement with the legislature and the executive.'

The SBL said the only effective way of addressing 'diversity issues in the appointments system is to implement a policy of positive action'.

SBL chairman Peter Herbert, a barrister at Tooks Court Chambers in London, said this could take the form of special training courses for ethnic minority candidates and 'strict monitoring of their career progression', with Department for Constitutional Affairs (DCA) officials offering ongoing guidance.

He also suggested that the DCA identify up to 50 ethnic minority lawyers in each locality and give them special assistance in applying.