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Don't rush gender equality in UK judiciary, says supreme court judge | |
(about 3 hours later) | |
One of Britain’s most senior judges has cautioned against rushing to put more women in senior judicial positions, saying such a move could put off talented male candidates and destroy the delicate balance of the legal system. | One of Britain’s most senior judges has cautioned against rushing to put more women in senior judicial positions, saying such a move could put off talented male candidates and destroy the delicate balance of the legal system. |
Jonathan Sumption, a supreme court judge who was one of the country’s best-paid and most celebrated barristers, suggested it could take 50 years to achieve gender equality within the senior judiciary, arguing that in historical terms this was “a very short time”. | |
The 64-year-old told the Evening Standard that part of the reason women were under-represented as judges was the “appalling” working conditions and longer hours that female barristers were less likely to put up with. | The 64-year-old told the Evening Standard that part of the reason women were under-represented as judges was the “appalling” working conditions and longer hours that female barristers were less likely to put up with. |
Related: Jonathan Sumption: the brain of Britain | Wendell Steavenson | Related: Jonathan Sumption: the brain of Britain | Wendell Steavenson |
While Lord Sumption stressed that he wanted to see proper gender balance within the judiciary, his remarks are likely to renew debate about sexism in the legal profession. They come in the wake of the case of Charlotte Proudman, the barrister who publicly objected to a solicitor’s “unacceptable and misogynistic” comments about her LinkedIn profile photograph. | While Lord Sumption stressed that he wanted to see proper gender balance within the judiciary, his remarks are likely to renew debate about sexism in the legal profession. They come in the wake of the case of Charlotte Proudman, the barrister who publicly objected to a solicitor’s “unacceptable and misogynistic” comments about her LinkedIn profile photograph. |
Sumption – described in a Guardian interview last month as “the brain of Britain” – fought a series of high-profile cases as a barrister, including representing the billionaire Roman Abramovich against Boris Berezovsky, and Alastair Campbell during the Hutton inquiry. | Sumption – described in a Guardian interview last month as “the brain of Britain” – fought a series of high-profile cases as a barrister, including representing the billionaire Roman Abramovich against Boris Berezovsky, and Alastair Campbell during the Hutton inquiry. |
In 2012, he was promoted to the supreme court without serving as a lower judge. He is one of 12 judges in the court, one of whom is a woman. | In 2012, he was promoted to the supreme court without serving as a lower judge. He is one of 12 judges in the court, one of whom is a woman. |
In the Standard interview, Sumption insisted it takes time to redress such imbalances, saying: “These things simply can’t be transformed overnight, not without appalling consequence in other directions.” | In the Standard interview, Sumption insisted it takes time to redress such imbalances, saying: “These things simply can’t be transformed overnight, not without appalling consequence in other directions.” |
He added: “One has to look at the totality of these problems and not simply at one of them. The lack of diversity is a significant problem, but it isn’t the only one. | He added: “One has to look at the totality of these problems and not simply at one of them. The lack of diversity is a significant problem, but it isn’t the only one. |
“It takes time. You’ve got to be patient. The change in the status and achievements of women in our society, not just in the law but generally, is an enormous cultural change that has happened over the last 50 years or so. It has to happen naturally. It will happen naturally. But in the history of a society like ours, 50 years is a very short time.” | “It takes time. You’ve got to be patient. The change in the status and achievements of women in our society, not just in the law but generally, is an enormous cultural change that has happened over the last 50 years or so. It has to happen naturally. It will happen naturally. But in the history of a society like ours, 50 years is a very short time.” |
The mechanisms of British justice were “a terribly delicate organism”, Sumption said. He added: “We have got to be very careful not to do things at a speed which will make male candidates feel that the cards are stacked against them. If we do that we will find that male candidates don’t apply in the right numbers. Eighty-five per cent of newly appointed judges in France are women because the men stay away. Eighty-five per cent women is just as bad as 85% men. | The mechanisms of British justice were “a terribly delicate organism”, Sumption said. He added: “We have got to be very careful not to do things at a speed which will make male candidates feel that the cards are stacked against them. If we do that we will find that male candidates don’t apply in the right numbers. Eighty-five per cent of newly appointed judges in France are women because the men stay away. Eighty-five per cent women is just as bad as 85% men. |
Related: Don’t let the abuse scare you: we can confront the sexists | Charlotte Proudman | Related: Don’t let the abuse scare you: we can confront the sexists | Charlotte Proudman |
“What we have in this country is a long cultural tradition which is genuinely based on public service, people feeling that at the end of a successful career at the Bar [becoming a judge] is something that you ought to be willing to do. That’s a terrific public asset. | “What we have in this country is a long cultural tradition which is genuinely based on public service, people feeling that at the end of a successful career at the Bar [becoming a judge] is something that you ought to be willing to do. That’s a terrific public asset. |
“It’s a tradition which you can destroy very easily and never recreate, not without waiting for a very long time. It would be very unfortunate.” | “It’s a tradition which you can destroy very easily and never recreate, not without waiting for a very long time. It would be very unfortunate.” |
Sumption argued that one of the main barriers to more women becoming judges was the “high attrition rate” among female lawyers. “The Bar and the solicitors’ profession are incredibly demanding in the hours of work and the working conditions are frankly appalling. There are more women than men who are not prepared to put up with that. | Sumption argued that one of the main barriers to more women becoming judges was the “high attrition rate” among female lawyers. “The Bar and the solicitors’ profession are incredibly demanding in the hours of work and the working conditions are frankly appalling. There are more women than men who are not prepared to put up with that. |
“As a lifestyle choice, it’s very hard to quarrel with it, but you have to face the consequence, which is that the top of the legal profession has fewer women in it than the profession overall does.” | “As a lifestyle choice, it’s very hard to quarrel with it, but you have to face the consequence, which is that the top of the legal profession has fewer women in it than the profession overall does.” |
In total, about 25% of judges are women. The proportion drops higher up in the judicial system, with women taking 21 of 106 high court positions. | In total, about 25% of judges are women. The proportion drops higher up in the judicial system, with women taking 21 of 106 high court positions. |