HL Deb 24 October 1990 vol 522 cc1433-5

115 After Clause 52, insert the following clause:—

Discrimination by, or in relation to, barristers

'.—(1) The following shall be inserted in the Sex Discrimination Act 1975 after section 35—

"Barristers

Discrimination by, or in relation to, barristers.

35A.—(1) It is unlawful for a barrister or barrister's clerk, in relation to any offer of a pupillage or tenancy, to discriminate against a woman—

  1. (a) in the arrangements which are made for the purpose of determining to whom it should be offered;
  2. (b) in respect of any terms on which it is offered; or
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  3. (c)by refusing, or deliberately omitting, to offer it to her.

(2) It is unlawful for a barrister or barrister's clerk, in relation to a woman who is a pupil or tenant in the chambers in question, to discriminate against her—

  1. (a) in respect of any terms applicable to her as a pupil or tenant;
  2. (b) in the opportunities for training, or gaining experience, which are afforded or denied to her;
  3. (c) in the benefits, facilities or services which are afforded or denied to her; or
  4. (d) by terminating her pupillage or by subjecting her to any pressure to leave the chambers or other detriment.

(3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against a woman.

(4) In this section—

(5) Section 3 applies for the purposes of this section as it applies for the purposes of any provision of Part II.

(6) This section does not apply to Scotland."

(2) The following shall be inserted in the Race Relations Act 1976 after section 26—

"Barristers

Discrimination by, or in relation to, barristers.

26A.—(1) It is unlawful for a barrister or barrister's clerk, in relation to any offer of a pupillage or tenancy, to discriminate against a person—

  1. (a) in the arrangements which are made for the purpose of determining to whom it should be offered;
  2. (b) in respect of any terms on which it is offered; or
  3. (c) by refusing, or deliberately omitting, to offer it to him.

(2) It is unlawful for a barrister or barrister's clerk, in relation to a pupil or tenant in the chambers in question, to discriminate against him—

  1. (a) in respect of any terms applicable to him as a pupil or tenant;
  2. (b) in the opportunities for training, or gaining experience, which are afforded or denied to him;
  3. (c) in the benefits, facilities or services which are afforded or denied to him; or
  4. (d) by terminating his pupillage or by subjecting him to any pressure to leave the chambers or other detriment.

(3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against any person.

(4) In this section—

(5) This section does not apply to Scotland.".'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 115. In moving this amendment I speak also to Amendments Nos. 116, 175 and 260.

The introduction of these new clauses bring barristers and, in Scotland, advocates in independent practice within the ambit of the Race Relations Act 1976 and Sex Discrimination Act 1975. The scope of the previous legislation will be extended to ensure that no unfair obstructions are placed in the way of women barristers and barristers from ethnic minorities. The provisions apply to prospective and existing pupils or tenants, and to discrimination in the sending of instructions to a barrister.

Speaking generally, these provisions were requested by the legal profession and were accepted in another place. I believe that they are extremely important not only for their effect but for the signal that they give. It would be right for me to take this opportunity to pay tribute to both branches of the profession for what they are doing in seeking to eliminate difficulty for women and the ethnic minorities. Leaders of the profession in both branches have given a very good lead in that respect. I have done my best to support them. I believe that these amendments are important and I hope that your Lordships will agree with me and with the Commons in these amendments.

Moved, That the House do agree with the Commons in the said amendments.—(The Lord Chancellor.)

Lord Mishcon

My Lords, I should merely like to add that the leadership given by the noble and learned Lord in this matter is very much appreciated by the professions.

Lord Hutchinson of Lullington

My Lords, I second those words as I raised this matter first in this House at an early stage. These provisions are all-embracing in regard to both sex and race discrimination. In my opinion they are undoubtedly necessary in matters of pupilage and particularly in regard to giving instruction. As the noble and learned Lord has already said, the provisions will be welcomed by the Race Relations Committee of the Bar, which has done such invaluable work in this area. I am most grateful to the noble and learned Lord for the all-embracing content of this amendment.

On Question, Motion agreed to.