Unhappiness grows over secret soundingsThere is widespread dissatisfaction with the process by which barristers and solicitors apply to become Queen's Counsel or members of the judiciary, a report confirmed last week.The report was commissioned by the Lord Chancellor's Department and carried out by two academics - Kate Malleson and Fareda Banda - who received 136 questionnaires and carried out 52 interviews among a range of barristers and solicitors.The report concluded that dissatisfaction with the selection process was greater among solicitors than barristers, among women than men, and among the ethnic minorities than whites.Solicitors are particularly disadvantaged, according to the report, by the requirements to do part-time sittings in court, and by the consultation process, or so-called 'secret soundings', on which selection for the judiciary and QCs depends.Secret soundings were described by one interviewee as: 'A licence to discriminate and perpetuate a judiciary which is perceived as being not only pro-white and male, but which also has a built-in bias against minorities, women, solicitors, and anybody not perceived as being a "safe pair of hands".'Another interviewee said: 'It's still very much who you know, not what you know.

Not how good their practices are, not necessarily how experienced they are, not necessarily how good even their legal skills are.'The report found that common concerns included a 'lack of openness', the continuing role of patronage, and the dominance of an elite group of barristers' chambers.There was support among the respondents for a dual system in which appointments would be made by open competition, but with candidates from under-represented groups being invited to apply.The people surveyed supported the establishment of a judicial appointments commission, which should consist of a broad range of members, and have an active role in the selection of QCs.Law Society President Robert Sayer said: 'The appointment of judges should reflect the society they serve, and the best people for the job should be appointed on merit.

As it stands, in Britain at the moment, this is not the case.'Mr Sayer called on the Lord Chancellor to put an end to thesystem of secret soundings and establish an independent judicial appointments commission using 'open and transparent' selectionprocedures.The Lord Chancellor's Department said most of the research was compiled before it published and accepted the Peach report in December 1999, which came out largely in favour of the currentsystem of appointment, but recommended setting up a commission in an ombudsman role.

The commissioner should be appointed later this year.Jeremy Fleming