The Supreme Court will witness a historic moment in October 2018.
The significance does not lie in the subject matter of the case or the judgment itself, but in who will be delivering that judgment. For the first time in the history of the Supreme Court, a case will be heard by a female majority.
On Wednesday 3 October 2018 the panel will consist of Lady Hale, Lord Carnwath, Lady Black, Lord Lloyd Jones and Lady Arden. With three women and two men, the sitting marks a landmark moment for equality in the English legal system.
The appointment of Lady Arden and Lord Kitchin to the Supreme Court on 1 October makes this possible.
The court usually sits with five justices. Before Lady Arden’s appointment there were only two female justices, Lady Hale and Lady Black, which meant a female majority could not be formed. The addition of a third woman finally allows this configuration.
Despite this progress, the United Kingdom still has one of the least diverse senior judiciaries in the world. After the October appointments, only 27% of the Supreme Court is female. All eleven justices are white, meaning there is no ethnic diversity at the highest level of the judiciary.
Diversity in the rest of the professionThe lack of diversity extends beyond the Supreme Court. Other parts of the judiciary also fail to reflect the society they serve.
Although the number of female judges has increased, women still make up only 24% of the Court of Appeal and 22% of the High Court. The percentage of judges from Black, Asian and minority ethnic backgrounds is even lower at 7%.
A report by the Solicitors Regulation Authority highlighted that the profession remains heavily stratified by class, gender and ethnicity. More women and more BAME candidates are entering the profession as solicitors, but their progression is slower. The likelihood of becoming a partner remains significantly higher for white men.
The same pattern appears at the Bar.
A report published earlier in the year showed that although women make up more than half of pupils, they represent only 14% of practising Queen’s Counsel. Pupils from BAME backgrounds account for 16.1% of the profession, yet only 7.2% reach the QC level.
The need for diversityThe need for diversity in a profession built on fairness is clear.
Lady Hale has argued that the courts and judiciary should reflect the full diversity of the UK population. The legal system is responsible for the fair administration of justice. It should therefore represent the society it serves to ensure equal access to justice.
Diversity also benefits the profession itself. A wider range of backgrounds brings a wider range of perspectives. This helps avoid the problems associated with group thinking and improves decision-making. Increasing access to the profession also expands the talent pool, which can raise the overall quality of legal services.
The appointment of a third female Supreme Court justice shows that progress is being made. There is still a long way to go. Structural changes are needed to ensure that the profession reflects society in terms of gender, ethnicity and class.
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