How can ethnic minorities reach the top of the profession?

Frances Gibb, Legal Editor
Times on-line
April 23

(Fiona Hanson/PA)

Baroness Scotland of Asthal, the Attorney-General

Baroness Scotland of Asthal could be forgiven if she saw no problem. Britain’s first black, first woman holder of the post of Attorney-General is a living example of diversity in the legal profession. But, as with women political leaders, is she a one-off?

There is one black High Court judge and none in the Court of Appeal or House of Lords. In the High Court, the only black ethnic minority judge is Mrs Justice Dobbs. “People blame me,” the Attorney-General says. “They say I shouldn’t have gone into politics” — the implication, and likelihood, being that she would have risen to the upper judicial ranks, setting a precedent there rather than in government.

Yet her own achievement aside, she does acknowledge continuing difficulties and this Saturday will outline what can be done in opening the Minority Lawyers’ Conference in London, a biennial event organised by the Law Society and Bar Council, and to be addressed by Lord Judge, the Lord Chief Justice and others.

“I shall be reminding people where we have come from, that this has been a journey we have been on for some years,” she says. “I became a law student in 1973 and if you look back, there were very few black ethnic minority lawyers in the profession at all. The number of women was relatively few . . . it was a predominantly male profession. If you look at people coming in now, the proportions are materially different to 30 years ago.”

The statistics bear her out. Ten per cent of the 140,000 solicitors on the roll are from black ethnic minorities and a notable 31 per cent of student enrolments. Even at partnership level, they make up 26.6 per cent.

At the Bar it is the same story: nearly 13 per cent of the 15,000 practising barristers are from ethnic minorities (although only 4 per cent of Queen’s Counsel) but among student enrolments, the percentage is 39 per cent of the 1,742.

“It is much better than it was,” Scotland says. “But is it yet totally mirroring the community we serve? No. Is there a long way to go? I think there is. We need to acknowledge we are not over the hump yet.”

A lack of confidence and problems of perception is one reason, she believes. “It’s the same with women: if a post is advertised and a woman candidate ticks nine of ten boxes, she will agonise over the tenth that she can’t fulfil and probably not go for the job. A man who ticks five or six boxes will give it a go.”

There are also fears that the recession is going to make the task of increasing diversity in the profession harder — or turn the clock back. Scotland disagrees. “We can’t blame the present recession on the complexion of the profession. We have to accept there is more for us to do.”

On the contrary, she argues that the international and global nature of the legal market provides opportunities for ethnic minority lawyers who might have wider language skills. Their recruitment would benefit law firms whose international client base expects the firm they instruct to be diverse in its own employment.

So what can be done? The theme of Saturday’s conference is “less talk, more action”. Kim Hollis, QC, who is chairing the event, has called for positive action to champion diversity and widen the available pool of talent. “There needs to be a clearer understanding of the term positive action. This doesn’t mean diluting the requirement for excellence: it would reflect other vital skills and experience to include those who may have been previously excluded as these factors have not been given adequate importance in any selection process.”

Scotland backs such positive action and last year set out her own diversity strategy, with policies for chambers in selecting pupils and tenants; and for her own department in appointing to the Attorney’s panels who do the department’s casework. It is a myth, she insists, that only barristers from certain sets of chambers get onto the panels — widely seen as career promotion and stepping stone to judicial appointment. She intends to monitor selection to the panels and to audit the work done by those on them. “Each of us \ has to do what we can, not wait for someone else. I have in a sense set my own targets and said that by 2012 we want people on the panels to reflect the diversity of our profession.”

As for whether there should be specific targets for judicial jobs, panels or anything else is another matter. Scotland seems to prefer “positive action”, adding: “In my view there are enough people within the profession — it’s a question of encouraging that talent where we find it . . . black, women, of different sexual orientation, young, old . . . if we are going to compete on a global stage.”

She “would love” to see a black law lord but predicts one only in the next “10 to 20 years”. “We are at a tipping point. We need to push hard to search out that talent we are looking for.”