barmag67 Jan. 2016 | Page 5

NEWS w w w. b a r r i s t e r m a g a z i n e . c o m Male Oxbridge-educated barristers from London chambers still more likely to become QCs despite major reforms In the article, published in The Modern Law Review, Dr Blackwell explains that who holds the status of Queen’s Counsel (QC; or silk) is of general public importance for three reasons; “First, the overwhelming majority of High Court judges are appointed from the pool of practising Queen’s Counsel. Thus fewer women becoming QCs effectively impedes progress towards greater judicial diversity: and in doing so brings into question the legitimacy of the judiciary. “Secondly, the status is justified as a ‘kitemark’ of quality for the consumers of legal services, so if it is awarded on the basis of factors that are irrelevant to ability as a lawyer (such as gender) then this undermines the stated reason for its continued existence. “Finally, who gets to become a QC is also important to individual barristers.” Becoming a QC means a major increase in the level of fees that they can charge. There was a radical change to the appointments process for QCs in 2004, when an independent appointments panel was established. This replaced the earlier much criticised system where QCs were appointed on the advice of the Lord Chancellor, after he took confidential soundings from judges and senior barristers. Criticisms of the earlier appointments system were both that it lacked transparency and that it discriminated against groups including women, barristers who practised outside London and ethnic minorities. It has not been possible to research the effects on ethnic minorities for this paper due to lack of data. The reformed system has strong similarities to the reforms that took place at around the same time to judicial appointments: moving from ‘secret soundings’ to the establishment of an independent appointments commission and clear criteria for appointment. Male Oxbridge-educated junior barristers from London-based chambers are still far more likely