*/
Learning from international experience
According to the Bar Council, on current trends, 50:50 gender balance at the Bar is unlikely ever to happen.
This panel, ably moderated by Fiona Jackson, was impatient for change. They did not want to wait 100 years for tangible progress to be made. This made for a session which left me feeling energetic, impassioned and hopeful about the future.
The focus of the session was gender diversity, but a theme throughout was that this issue is not just about women. It is about every marginalised group at the Bar. Gender diversity is a symbol of where we are as a profession and it needs to buck the trend. If women cannot achieve parity, then what hope can there be for other groups?
Jackson broke down the figures. Although we achieved parity in the number of women called to the Bar some years ago, the number in senior positions continues to remain low, with 13% of female QCs, 15% of female heads of chambers and 28% of female judiciary. These figures are alarming when we compare ourselves with our European neighbours. Gráinne Mellon pointed to a recent Council of Europe report, showing the percentage of women in the judiciary in England and Wales to be among the lowest in Europe, just ahead of Armenia, Azerbaijan, Scotland and Northern Ireland.
Why is there parity at entry but not senior levels? Jackson explained this is partly due to attrition rates at the self-employed Bar. Maternity and child care are challenging at best and the numbers fall off a cliff at child-bearing age. In addition, many get pushed into traditionally ‘female’ areas of practice, such as family or sex crime, which are some of the lowest paid areas at the Bar. When cuts in legal aid set in, attrition rates grow.
Mellon offered a comparison with the Bar of Ireland. In one sense, the visibility of women at the senior Bar is better. In Ireland, the Attorney General, the Director of Public Prosecutions, the Chief Justice of Ireland and the Minister of Justice are all women. But in many ways, the Irish Bar is a long way behind the Bar of England and Wales, with women overwhelmingly experiencing discrimination and harassment and very high attrition rates.
Brie Stevens-Hoare QC encouraged us to address the subtle, pervasive challenges. Interruptions. Views quietly ignored. The noticeable absence of a tap on the shoulder suggesting an application for Silk. Mentoring, by and for men and women, is a key tool in bringing about change.
Angela Grahame QC challenged us to think of change as trickle up rather than trickle down. Young women should take responsibility for moulding their mentors by approaching them and asking them to put their heads above the parapet, to go for the senior positions and to use their seniority to be vocal about the need for change.
Harini Iyengar argued in favour of quotas to speed up pace of change. This sparked lively debate in the room; some feared quotas might result in conclusions such as ‘she only got the job because she is a woman’. But countless studies of unconscious bias show that, by virtue only of gender, men are more likely to get a job than women. Do we conclude, ‘he only got the job because he is a man’?
Despite the disheartening statistics, this was a positive session. The Bar Council is already taking action, including facilitating mentoring, support networks of working parents, women’s marketing events and nurseries. We are learning lessons from other jurisdictions, like Australia. And each and every one of us can propel change by taking action at grassroots level. Be vocal about enforcement of equality and diversity policies in your workplace. Give and receive mentoring and coaching. Engage in intergenerational discussion and dialogue. Speak to three women today and empower them.
Contributor Aoife Drudy
This panel, ably moderated by Fiona Jackson, was impatient for change. They did not want to wait 100 years for tangible progress to be made. This made for a session which left me feeling energetic, impassioned and hopeful about the future.
The focus of the session was gender diversity, but a theme throughout was that this issue is not just about women. It is about every marginalised group at the Bar. Gender diversity is a symbol of where we are as a profession and it needs to buck the trend. If women cannot achieve parity, then what hope can there be for other groups?
Jackson broke down the figures. Although we achieved parity in the number of women called to the Bar some years ago, the number in senior positions continues to remain low, with 13% of female QCs, 15% of female heads of chambers and 28% of female judiciary. These figures are alarming when we compare ourselves with our European neighbours. Gráinne Mellon pointed to a recent Council of Europe report, showing the percentage of women in the judiciary in England and Wales to be among the lowest in Europe, just ahead of Armenia, Azerbaijan, Scotland and Northern Ireland.
Why is there parity at entry but not senior levels? Jackson explained this is partly due to attrition rates at the self-employed Bar. Maternity and child care are challenging at best and the numbers fall off a cliff at child-bearing age. In addition, many get pushed into traditionally ‘female’ areas of practice, such as family or sex crime, which are some of the lowest paid areas at the Bar. When cuts in legal aid set in, attrition rates grow.
Mellon offered a comparison with the Bar of Ireland. In one sense, the visibility of women at the senior Bar is better. In Ireland, the Attorney General, the Director of Public Prosecutions, the Chief Justice of Ireland and the Minister of Justice are all women. But in many ways, the Irish Bar is a long way behind the Bar of England and Wales, with women overwhelmingly experiencing discrimination and harassment and very high attrition rates.
Brie Stevens-Hoare QC encouraged us to address the subtle, pervasive challenges. Interruptions. Views quietly ignored. The noticeable absence of a tap on the shoulder suggesting an application for Silk. Mentoring, by and for men and women, is a key tool in bringing about change.
Angela Grahame QC challenged us to think of change as trickle up rather than trickle down. Young women should take responsibility for moulding their mentors by approaching them and asking them to put their heads above the parapet, to go for the senior positions and to use their seniority to be vocal about the need for change.
Harini Iyengar argued in favour of quotas to speed up pace of change. This sparked lively debate in the room; some feared quotas might result in conclusions such as ‘she only got the job because she is a woman’. But countless studies of unconscious bias show that, by virtue only of gender, men are more likely to get a job than women. Do we conclude, ‘he only got the job because he is a man’?
Despite the disheartening statistics, this was a positive session. The Bar Council is already taking action, including facilitating mentoring, support networks of working parents, women’s marketing events and nurseries. We are learning lessons from other jurisdictions, like Australia. And each and every one of us can propel change by taking action at grassroots level. Be vocal about enforcement of equality and diversity policies in your workplace. Give and receive mentoring and coaching. Engage in intergenerational discussion and dialogue. Speak to three women today and empower them.
Contributor Aoife Drudy
Learning from international experience
According to the Bar Council, on current trends, 50:50 gender balance at the Bar is unlikely ever to happen.
As we look ahead to Justice Week 2022, the sustainability of the Criminal Bar remains a critical issue for the government to address
Opportunity for female sopranos/contraltos in secondary education, or who have recently finished secondary education but have not yet begun tertiary education. Eligibility includes children of members of the Bar
Fear of the collection and test process is a common factor among clients, especially among vulnerable adults in complex family law cases. Cansford Laboratories shares some tips to help the testing process run as smoothly as possible
Casey Randall explains how complex relationship DNA tests can best be used – and interpreted – by counsel
Casey Randall, Head of DNA at AlphaBiolabs, explores what barristers need to know about DNA testing for immigration, including when a client might wish to submit DNA evidence, and which relationship tests are best for immigration applications
Julian Morgan reminds barristers of the top five areas to consider before 5 April
The case ofR v Brecanihas complicated matters for defence lawyers. Emma Fielding talks to gang culture expert, Dr Simon Harding about County Lines, exploitation and modern slavery
Barristers are particularly at risk of burnout because of the nature of our work and our approach to it but it doesnt have to be this way. Jade Bucklow explores how culture, work and lifestyle changes can rejuvinate our mental health...
Professionally embarrassed? The circumstances in which criminal barristers may return instructions to appear at trial have become clearer following the Court of Appeal judgment inR v Daniels By Abigail Bright
The Schools Consent Project (SCP) is educating tens of thousands of teenagers about the law around consent to challenge and change what is now endemic behaviour. Here, its founder, barrister Kate Parker talks to Chris Henley QC about SCPs work and its association with Jodie Comers West End playPrima Facie, in which she plays a criminal barrister who is sexually assaulted
As we look ahead to Justice Week 2022, the sustainability of the Criminal Bar remains a critical issue for the government to address