Judiciary - Still male, stale and pale

The 2012 Judicial Appointments Report by the House of Lords Select Committee identified that four members of the High Court classed themselves as Black and Minority Ethnic (BME). These figures were seen as a step-forward, as in 2003 there were not any BME members of the the High Court. The report stated that 5.1% of judges in 2013 were from BME backgrounds. However, newly released figures from Queen Mary, University of London (QMUL) show that these figures are inaccurate.

Professors Lizzie Barmes and Kate Malleson from QMUL who carried out the research, stated that only Dame Linda Dobbs and Sir Rabinder Singh were from ‘visible’ BME backgrounds. They said:

On close inspection of the statistics, three other judges had identified themselves as being from ‘any other background’. This means that they viewed their ethnicity as being distinct from the categories ‘White’, ‘Asian/Asian British’, ‘Black/Black British’, ‘Chinese’ or ‘Mixed’.”

They went on to say:

To some extent this situation simply illustrates that ethnic monitoring is fraught with difficulty. People do not fall into neat categories, tick boxes and drop down menus. For some, even the idea of ethnicity itself is problematic.”

They stressed:

“Such concerns reinforce the case for ethnic monitoring figures to be presented with care and integrity. The Government, in particular, should ensure that it doesn’t imply that there has been more and swifter progress towards inclusiveness than in reality.”

This research comes at a time when the Judiciary is under the spotlight, for gender representation and equality issues. Last week, three more judges were appointed to the Supreme Court all of whom were men. At present, Lady Hale is the only woman who serves as a judge in the Supreme Court on the 12 -strong panel, with no further appointments expected until 2018.

Lady Hale, the country’s most senior female judge spoke out about the lack of diversity last month stating the her fellow Supreme Court Justices:

mostly fit the stereotypical pattern of boys’ boarding school, Oxbridge college and the Inns of Court.”

She added:

A different perspective can indeed make a difference, not only on so-called ‘women’s issues’, but on the whole range of legal issues which may come before the courts. Different voices add variety and depth to all decision making.”

This under-representation of minorities and women is a cause of concern. As the 2012 Judicial Appointments Report by the House of Lords points out:

Justice, fairness and equality are central values in the law which should be reflected in the composition of the judiciary itself. Judges, are independent of Parliament and the executive, but they should not stand apart from the society in which they adjudicate: The Public must have confidence in the judges who make the decisions which affect their day to day lives.”

Usman Butt