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'Race bias' in justice system: Government to unveil action Government says diversity target for judges is 'wrong way'
(about 2 hours later)
The justice secretary has pledged to implement a "key principle" of "change or explain" when racial discrimination is found in the justice system. Setting targets to hire judges from ethnic minority backgrounds would be the "wrong way" to solve the issue of diversity, says the justice secretary.
David Lidington is outlining steps to tackle "race bias" in the system in England and Wales. David Lidington has outlined steps to tackle "race bias" in the legal system in England and Wales, following a damning report from MP David Lammy.
It follows a report from MP David Lammy, who found the system discriminates against people from ethnic minority backgrounds. But the minister says the government needed to "look at the critical path" into the law - rather than targets.
Mr Lidington has pledged work on each of Mr Lammy's 35 recommendations. Mr Lammy said he was "disappointed" with the government's response.
But a proposal to set targets for ethnic diversity in the judiciary has not been accepted.
Mr Lidington told BBC Radio 4's Today programme the government needed to "look at the critical path" on how to get people from diverse backgrounds into the law - rather than impose targets at the highest levels.
The Lammy Review, published in September, said that people from black, Asian and minority ethnic backgrounds make up 25% of the prison population and 41% of the youth justice system - but only 14% of the general population.The Lammy Review, published in September, said that people from black, Asian and minority ethnic backgrounds make up 25% of the prison population and 41% of the youth justice system - but only 14% of the general population.
The review concluded that people from minority backgrounds still faced bias, "including overt discrimination", in parts of the justice system. Ethnic minority groups make up only 11% of magistrates and 7% of judges.
Speaking about the "change or explain" principle, Mr Lidington said the government was committed to exposing injustice wherever it existed. As a result, Mr Lammy had called for a national target to achieve representation in the courts by 2025.
"Where we cannot explain differences in outcomes for different groups, we will reform," he said. However, Mr Lidington said a target would be "the wrong way to attack this particular objective" and he was looking at alternatives.
He told BBC Radio 4's Today programme: "When you look at the judges, you have got a group of people who have been practising in law perhaps for 20 years... because we need people who are experienced, who are expert, to sit on the bench.
"In getting a more diverse judiciary... you need to look at the critical path of how do people get into the legal profession in the first place."
Mr Lammy disagreed and instead called for a "bold approach".
The Tottenham MP told the BBC: "It is not about the pipeline. BAME (Black, Asian, and minority ethnic) lawyers are applying to join the judiciary.
"If you set a target or a goal, then it concentrates the mind to achieve that. But the government has not affected that.
"The UK is behind the curve on diversity and it needs to catch up."
Lawyer and diversity campaigner Funke Abimbola was also disappointed with the decision, telling Today: "It is an important element of [the recommendations] because bias in the judiciary has a direct impact on decision-making.
"This whole report was about there being proven bias against those minority ethnic backgrounds. [Targets are] a key part in driving diversity of thought, which impacts decisions in court."
'Change or explain'
The Lammy Review concluded that people from minority backgrounds still faced bias, "including overt discrimination", in parts of the justice system.
Mr Lidington pledged to implement a "key principle" of "change or explain" when racial discrimination is found in the system.
"Where we cannot explain differences in outcomes for different groups, we will reform," he said, pledging to work on each of Mr Lammy's 35 recommendations - even if not following them to the letter.
And he added this was the "very first step" in a change of attitude towards race disparity "that will touch on every part of the criminal justice system for years to come".And he added this was the "very first step" in a change of attitude towards race disparity "that will touch on every part of the criminal justice system for years to come".
Within the government's response, it said it would:
Some of the changes would take longer to achieve than others, the Ministry of Justice said.Some of the changes would take longer to achieve than others, the Ministry of Justice said.
But it had already made progress on several recommendations, including publishing data on race bias in the system.But it had already made progress on several recommendations, including publishing data on race bias in the system.
It said a new race and ethnicity board would drive through the reforms - but alternative approaches would be found where proposals could not be implemented in full.It said a new race and ethnicity board would drive through the reforms - but alternative approaches would be found where proposals could not be implemented in full.
Judicial diversity
With ethnic minority groups making up 11% of magistrates and 7% of judges, Mr Lammy had called for a national target to achieve representation in the courts by 2025.
But Mr Lidington said a target would be "the wrong way to attack this particular objective" and he was looking at alternatives.
He said: "When you look at the judges, you have got a group of people who have been practising in law perhaps for 20 years... because we need people who are experienced, who are expert, to sit on the bench.
"In getting a more diverse judiciary... you need to look at the critical path of how do people get into the legal profession in the first place."
'Direct impact'
Tottenham MP Mr Lammy says he is "disappointed" about the government's approach.
"More of the same will not work," he said.
Lawyer and diversity campaigner Funke Abimbola was also disappointed with the decision, telling Today: "It is an important element of [the recommendations] because bias in the judiciary has a direct impact on decision-making.
"This whole report was about there being proven bias against those minority ethnic backgrounds. [Targets are] a key part in driving diversity of thought, which impacts decisions in court."
Another idea in the report was for "deferred prosecutions" to be extended nationwide, following a pilot scheme in the West Midlands.
The scheme sees people avoid trial if they admit their offence and agree to undergo rehabilitation, do unpaid work or pay compensation.
It would apply to offenders from all ethnic backgrounds, though those from a minority ethnic background who are disproportionately represented could benefit most.
Mr Lidington said the first pilot showed "really encouraging signs" with a significant reduction in reoffending.
He also said victims backed the pilot and that £1,000 was being saved per case.
Discussions on the London pilot are pencilled in for next year, says the London Mayor's Office for Policing and Crime.