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Race and Equal Opportunities bodies say Secret Soundings are flawed.

1st February, 2000

The Law Society’s campaign to end the system of "secret soundings" by which judges are appointed, received a substantial boost today when two statutory equality bodies backed the Society.

The Commission for Racial Equality and the Equal Opportunities Commission added their voice to that of the Law Society, by saying that the system of "secret soundings" has no place in a modern judicial system. They believe that the current system, which is shrouded in secrecy, discriminates against women and solicitors from ethnic minority backgrounds. As a result, it prevents judicial appointments being made from the widest pool of talent.

The system in which judges are appointed urgently needs reform say the three organisations.

Despite a dramatic increase in the number of women and ethnic minority solicitors in the legal profession, this growth is not reflected within the judiciary. Less than one per cent of Circuit Judges belong to an ethnic minority group, while there are no black High Court judges at all. There are still only a handful of women judges in the Circuit Courts and High Courts.

Sir Herman Ouseley, Chairman of the Commission for Racial Equality, said:

"Justice not only needs to be done, it needs to be seen to be done. Failure to put into place proper equal opportunities procedures in relation to the appointment of judges not only means that our judiciary does not properly reflect the diversity of modern Britain, it also calls into question the commitment of society as a whole and the criminal justice system in particular to fundamental principles of fairness, openness and proper accountability."

Julie Mellor, Chair of the Equal Opportunities Commission, added:

"Clearly, if we want a more diverse, representative judiciary, we need ways of referencing candidates, that are objective and transparent."

Robert Sayer, President of the Law Society said:

"If the public is to have confidence in our legal system, then the way judges are chosen should be fair, open and transparent and based solely on merit."

Further information from:

Jill Chesworth – Equal Opportunities Commission. Tel : 0171 222 1110

Julia Herron – Commission for Racial Equality. Tel : 0171 932 5354

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