Lord Hodge: 'Women want true equality not positive discrimination'

Women lawyers want true equality and not positive discrimination, according to justice of the Supreme Court Lord Hodge.

Speaking at the First 100 Years project's Spark 21 conference in London the Supreme Court justice said he would back any programme that increased the diverse makeup of the judiciary but drew the line at positive discrimination or a quota system.

Lord Hodge added, however, that he did not agree with Lord Sumption's recent remarks that gender equality in the judiciary was half a century away.

The Supreme Court justice is the latest high-profile judge to publicly disagree with Lord Sumption. In October, the Lord Chief Justice, Lord  Thomas of Cwmgiedd, said he did not accept that the issue of diversity was one the judiciary should be 'content to sit back and just wait for things to happen'.

Lord Hodge denied he was at the conference - launched to chart the journey of women in law since the Sex Disqualification (Removal) Act 1919 - as part of a judicial 'outreach programme' following his fellow judge's controversial comments.

Asked by Solicitors Journal where he sat between the contrasting views of Lady Hale and Lord Sumption on the thorny issue, the justice - one of two representing Scotland - said the Supreme Court had differing views on 'many issues' and the issue of recruitment was more 'nuanced'.

Lord Hodge remarked that the balance in the judiciary was 'shifting' and said he would be 'quite astonished' if there were not significantly more women in the Supreme Court upon his retirement.

'I would be very surprised if, even at Supreme Court level, the picture was not radically different from today. I don't think Lord Sumption was right to say it would take 50 years, but I don't think he is against diversity.'

However, Lord Hodge said he also disagreed with Lady Hale's argument that there was a need for positive discrimination in the profession and the judiciary.

'I don't support positive discrimination or quotas,' he said. 'I believe women do not want positive discrimination, but genuine equality.'

Sitting on a panel session to discuss men's role in helping women progress in the legal profession, Lord Hodge opined that it was up to the profession itself to tackle the problem of lack of diversity in the judiciary.

He accepted that there was a risk the drive for diversity could be undermined due to unconscious bias.

'There is a danger that you recruit in your own image,' said Lord Hodge. 'You need to ask: "Is my attitude towards this particular person influenced by the fact that they are similar to me?"'

'You need people in the judiciary with a range of talents and insights,' he added before commending the Judicial Appointment Commission for making headway in promoting diversity in the judiciary.

John van der Luit-Drummond is deputy editor for Solicitors Journal
john.vanderluit@solicitorsjournal.co.uk | @JvdLD