Gender And Race: barristers from chambers with poor track record may be denied silk

Lawyers from firms and barristers' chambers that have a poor track record on gender and race equality could miss out on judicial roles and silk status, a leading barrister MP warned this week.


Vera Baird QC MP, who sits on the parliamentary committee examining the Equality Bill, told the Gazette the Bill could 'shock' the legal profession.


She said: 'The Equality Bill means that public authorities, and private deliverers of public functions, will have a duty to promote gender equality.


'That means the Judicial Appointments Commission may have to say to chambers [and law firms] which have not got diversity policies in place, and do not have a good record on equality, that they will appoint no one from those chambers [or firms], either male or female, until they put those policies in place. Because part of their duties will be to promote from chambers with [equal opportunities] policies.'


She added: 'That will shock, but shocking is not a problem. The men have nothing to lose by being made to bring women and ethnic minorities on.'


Michael Webster, Law Society Council member for the Black Solicitors Network, said: 'We would welcome the proposals, which seem to be in line with other government policies on diversity. This will get lawyers thinking, but it is more likely to have an effect on barristers' chambers, as most silks and more senior judicial appointments still come from the bar.'


Ingrid Simler, chairwoman of the Bar Council's equality and diversity committee for sex, sexual orientation and age, said: 'This is unlikely to shock barristers, and if it does, it should not. The Bar Council welcomes the public duty, and it expects chambers to have no difficulty in complying. There is a code of conduct that now requires chambers to have equal opportunities policies if they want to take on pupils.'


She added: 'The intake of women and ethnic minorities is healthy, but the difficulty is retention, and that is where things do need to change.'


A Law Society spokesman said: 'It is important that all solicitors and law firms promote equality and diversity. We support moves to widen the diversity of the judiciary, and candidates for judicial positions should be able to demonstrate their personal commitment to promoting equality and diversity. However, we would be concerned if a solicitor faced being penalised for any shortcomings of their firm over which the individual solicitor had no control.'