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| UK's most senior female judge calls for more diversity at the top | UK's most senior female judge calls for more diversity at the top |
| (7 months later) | |
| Positive discrimination may be needed to redress the gender imbalance among senior judges, the only woman in Britain's highest court has proposed. | Positive discrimination may be needed to redress the gender imbalance among senior judges, the only woman in Britain's highest court has proposed. |
| The supreme court justice Lady Hale warned that the UK is "out of step with the rest of the world" in terms of judicial diversity. | The supreme court justice Lady Hale warned that the UK is "out of step with the rest of the world" in terms of judicial diversity. |
| In her lecture on equality in the judiciary on Thursday, Hale said: "We take it for granted, at least for the high court and court of appeal, that the candidate's area of professional expertise can be taken into account. | In her lecture on equality in the judiciary on Thursday, Hale said: "We take it for granted, at least for the high court and court of appeal, that the candidate's area of professional expertise can be taken into account. |
| "In the supreme court, that expressly includes the need for expertise in the law and practice in Scotland and Northern Ireland. There would be nothing to stop our seeking a diversity of professional and other backgrounds. The difficulty lies in taking the protected characteristics into account. | "In the supreme court, that expressly includes the need for expertise in the law and practice in Scotland and Northern Ireland. There would be nothing to stop our seeking a diversity of professional and other backgrounds. The difficulty lies in taking the protected characteristics into account. |
| "Our equality laws depend upon the proposition that race and sex are not relevant qualifications, or disqualifications, for any job save in very exceptional circumstances. | "Our equality laws depend upon the proposition that race and sex are not relevant qualifications, or disqualifications, for any job save in very exceptional circumstances. |
| "It may be a genuine occupational qualification to choose a black Othello or a female Desdemona, but could it be thought a genuine occupational qualification to bring a minority perspective to the business of judging in the higher courts? | "It may be a genuine occupational qualification to choose a black Othello or a female Desdemona, but could it be thought a genuine occupational qualification to bring a minority perspective to the business of judging in the higher courts? |
| "So do we need to revive the argument for some special provision, akin to that in Northern Ireland, to enable the appointing commissions to take racial or gender balance into account when making their appointments? Would that really be such a bad thing? I think not." | "So do we need to revive the argument for some special provision, akin to that in Northern Ireland, to enable the appointing commissions to take racial or gender balance into account when making their appointments? Would that really be such a bad thing? I think not." |
| Delivering the Kuttan Menon memorial lecture, Hale agreed with many of the conclusions reached on improving judicial diversity by another supreme court justice, Lord Sumption, last year. | Delivering the Kuttan Menon memorial lecture, Hale agreed with many of the conclusions reached on improving judicial diversity by another supreme court justice, Lord Sumption, last year. |
| But she continued: "Where I respectfully disagree (as we judges say) with Lord Sumption is in his belief that we will not make quicker progress (if it would be progress) without some measure of positive discrimination, which he thinks would be a bad thing." | But she continued: "Where I respectfully disagree (as we judges say) with Lord Sumption is in his belief that we will not make quicker progress (if it would be progress) without some measure of positive discrimination, which he thinks would be a bad thing." |
| Across Europe, the average gender balance among judges is 52% men and 48% women. Hale pointed out that "at 23%, England and Wales is fourth from the bottom, followed only by Azerbaijan, Scotland and Armenia". | Across Europe, the average gender balance among judges is 52% men and 48% women. Hale pointed out that "at 23%, England and Wales is fourth from the bottom, followed only by Azerbaijan, Scotland and Armenia". |
| The higher up the court system, the more male-dominated the bench becomes, she added. Only 15.5% of high court judges are women and 4.5% are from an ethnic background; only 10.5% on the court of appeal are women and there are none with an ethnic background. | The higher up the court system, the more male-dominated the bench becomes, she added. Only 15.5% of high court judges are women and 4.5% are from an ethnic background; only 10.5% on the court of appeal are women and there are none with an ethnic background. |
| "In the supreme court [where there are normally 12 justices], there is still only me and the only ethnic minorities we have are the Scots and the Irish," Hale said. | "In the supreme court [where there are normally 12 justices], there is still only me and the only ethnic minorities we have are the Scots and the Irish," Hale said. |
| By comparison, three of the nine judges on the US supreme court are women. In New Zealand's supreme court, it is two women out of five judges. In the high court of Australia, she said, three out of seven judges are women. | By comparison, three of the nine judges on the US supreme court are women. In New Zealand's supreme court, it is two women out of five judges. In the high court of Australia, she said, three out of seven judges are women. |
| "I, too, used to be sceptical about the argument that women judges were bound to make a difference but I have come to agree with those great women judges who think that sometimes, on occasions, we may do so," Hale said. | "I, too, used to be sceptical about the argument that women judges were bound to make a difference but I have come to agree with those great women judges who think that sometimes, on occasions, we may do so," Hale said. |
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