How long will we have to wait for judicial diversity?

“We don’t need to wait and I’m not prepared to wait” New Canadian Prime Minister Justin Trudeau justified his 50/50 Cabinet yesterday by simply saying: “its 2015”. And yet, here in the UK, Supreme Court Justice Lord Sumption said only last month that it would take another fifty years to achieve a balanced judiciary. Lady Justice Hallett began by dismissing Lord Sumption’s prediction outright, and looked instead at positive steps that could be taken by selectors, Inns of Court, chambers and the judiciary, in order to encourage and recruit applicants from non-traditional backgrounds. Signs of progress are appearing in some fields.  Of those called to the Bar in 2013-14, nearly 50% were women. There is much still to be done, of course, as just 25% of judges are female, with only 21 out of 106 high court positions filled by women. The diversity agenda is faced with even greater challenges with social mobility, BAME and LGBT access.  “I’m now prepared to be a role model” Only the third woman in chambers, Lady Justice Hallett explained that her role models were “more likely to be men who had the foresight to believe in equality for all.” As far as mentors were concerned, hers were unofficial, and included her local judge and the barrister who gave her a tenancy. “I was rather reluctant to be a role model,” she admitted, “but in the end I began to realise it’s important that people coming up behind you see that you can make it through.” Heaton encouraged senior figures to “mentor someone who you don’t know, and who isn’t like you,” arguing that it can bring reciprocal benefits for both parties. Those from less privileged backgrounds might lack confidence in putting themselves forwards for promotions, and need support. Both called for more male allies in gender diversity, praising the Lord Chief Justice, Lord Thomas of Cwmgiedd for his commitment to the issue. Glittering Prize Syndrome Lady Justice Hallett explained the prevalence of unconscious bias in the legal profession; while a lot of men will say that they believe in diversity, “they don’t always know what that means in practice.” While the shift in gender equality rhetoric is moving in the right direction, there is still a disconnect that Lady Justice Hallett is convinced can be tackled. She advocated for training as a way to combat unconscious bias, adding it must be continuous if it is going to stick– “not just ten minutes on a Friday afternoon.” Selectors can be prejudiced against women if they have a gap in career experience or a thinner CV because of taking time out to have children. Gender-blind applications, she proposed, might disadvantage these women as selectors can exhibit something she called a “glittering prize syndrome”; they are drawn to applicants who have a CV jam-packed with similar accolades and career progression to themselves, rather than assessing a candidate’s potential. Heaton, for his part, thought anonymised applications– which are being adopted in the civil service– could make a real difference to BAME recruitment. The tipping point Lady Justice Hallett discussed concrete measures she wants to be introduced that could accelerate progress with diversity. She focused on the Judicial Appointments Commission, arguing that they should use the ‘tipping provision’ far more. This dictates that where two candidates are equally strong, interviewers should choose the underrepresented group. She was also in favour of Inns of Court allocating scholarships to people from disadvantaged backgrounds, rather than just the brightest. This is especially pertinent given the rising costs of law education. Otherwise “we could end up with a legal profession reverting back to being the province of the rich and the privileged” – a fact confirmed by a member of the audience who said she would have not gone to the Bar without this support. Getting the message out A strong proponent of outreach in schools, universities and communities, Lady Justice Hallett spoke about the Bar’s school visiting programmes and the work of the Citizenship Foundation. “The law is at the heart of everything we do in this country and the more that people play a part who aren’t lawyers the better,” she argued. Lady Justice Hallett ended by outlining milestones she wants to see in the judiciary in her vision for the future. The benchmark, she explained, would be “critical mass at every level” – with more women at the top, particularly in the Court of Appeal and Supreme Court. This would encourage women across the sector coming up behind, and better support those already there. “It will be a great achievement when nobody feels the need to comment that a woman had been appointed," Lady Justice Hallet admitted. "Wouldn’t that be wonderful?”