Attorney General Orders Better Mix at the Bar

The Attorney General, the Rt Hon Baroness Scotland QC launched her Diversity Strategy at the Treasury Solicitor’s Department this week. The Attorney General, whose office maintains panels of civil and criminal counsel for use by Government Departments, launched the Diversity Strategy alongside Solicitor General, Vera Baird QC. Set out were clear objectives by which Law Officers will work to improve ‘diversity’ within the panels of counsel, followed by ‘The Attorney General’s Equality and Diversity Expectations Statement’ - which details standards required of Chambers in relation to equality and diversity when members seek to work for the Government. The Attorney General was at pains to point out that neither document was a compromise to the office’s commitment to ‘excellence’ in the provision of legal advice and representation, and these steps would ensure that:

• ‘Government departments could continue to meet their legal obligations to promote equality when they secure external legal services;
• There will be an increase in the range of diversity of applicants in terms of ethnic origin, gender, disability, age, faith and sexual orientation amongst counsel;
• All the best candidates who act for Government are drawn from the widest pool of talent when recruited and promoted.’

A Synopsis of the Attorney General’s Speech on Strategy: On Fairness: Fairness is important for the maintenance of the rule of law. Fairness in the application of the rule of law must logically be conditional upon fairness in the appointment of those who enter the legal profession to apply that rule of law. Therefore, ensuring that the legal profession itself – and specifically those members of it who act for Government – is representative of the community is a vital foundation stone in working towards fairness everywhere. Arguably, fairness in the legal profession is therefore where it all starts. On Diversity: The Solicitor General and I are personally committed to diversity. Three firsts were achieved when I took office almost exactly a year ago: (1) First woman Attorney General; (2) First ethnic minority Attorney General; (3) First all-woman Law Officer team. It is natural that this is the time to use our personal commitment to build on previous work to take diversity policy to the next stage. It is important to emphasise firstly that Government policy on diversity is not new and secondly that over the past decade it has moved forwards by leaps and bounds. On Transparency and Representation: Today signals the latest development in the history of a decade which opened when the First Treasury Counsel were still appointed by a tap on the shoulder. Today we have:

• Open and transparent competitions for every counsel acting for Government – criminal and civil panels, CPS external advocates, Standing Counsel, First Treasury Counsel;
• The Judicial Appointments Commission, established to ensure that the judiciary is appointed from as diverse a range of applicants as possible.

On Promoting Equality: The Government is committed to taking steps to strengthen and widen the law on discrimination in the belief that promoting equality is essential to enable individuals to fulfil their potential, for the creation of a cohesive society and for a strong economy. On Aim of the AG Diversity Strategy: The AG Diversity Strategy is actually a living document which we will continue to revise and update. In many senses nothing new, but the collection together for the first time of all policies across AG Departments in relation to ensuring diversity in appointment of external counsel. The aim of this is: (1) To raise awareness; (2) To enable joined up thinking and mutual learning; (3) To facilitate efficiencies and best practice; (4) To monitor developments. On Aim of the AG CPS Statement: The Expectations statement modelled on CPS statement launched last year to counsel instructed by the CPS. The AG statement is intended to reach further parts of the independent Bar who do not come within the CPS statement, and at that same time to ensure that all chambers whose counsel act for Government are complying with appropriate diversity standards. In Sum: The Attorney General vehemently refuted traditional perceptions of discrimination and favouritism stating:

• We do not only appoint men or people from particular ethnic backgrounds;
• We do not appoint from only specific chambers;
• We do not only appoint people from particular schools, universities or backgrounds!