HC Deb 22 June 1999 vol 333 cc317-8W
Mr. Dismore

To ask the Attorney-General what were the terms of settlement of the case of Hayesv. Attorney-General; and if he will make a statement. [87807]

The Attorney-General

The proceedings brought by Ms Hayes were of historical interest only. I had put in hand a review of the system of appointing barristers to act for the Crown, with the intention that it should be made more open and transparent, before Ms Hayes commenced her proceedings. I have followed this wholly new system for making appointment, since July 1998. Settling the case has brought the matter to a close and has saved further expenditure of public money on a lengthy hearing.

The terms of my agreement with Ms Hayes were as follows:

Appointments Procedure

1. The Attorney-General confirms that he will maintain the principles of transparency and open competition followed since July 1998 in appointments to the Panels of Treasury Counsel, including First Junior Counsel to the Treasury, namely:

  1. (a) that vacancies are advertised:
  2. (b) that applications and written references are considered by a selection board who make recommendations to the Attorney-General on the basis of those applications and references only;
  3. (c) that the Attorney-General does not appoint any candidate who has not been recommended to him by the selection board;
  4. (d) that the Attorney-General does not seek opinions from persons other than the selection board and the candidate's referees.

Jurisdiction

2. In the event of any future dispute, the Attorney-General will accept the jurisdiction:

  1. (a) of an employment tribunal in the case of appointments as First Junior Treasury Counsel (Common Law) and First Junior Counsel to the Treasury (Chancery);
  2. (b) of a county court in the case of appointments of other counsel.

The Applicant's Case

3. The Attorney-General does not accept that the Applicant or any other prospective appointee has, in fact, been subjected to discrimination. Nevertheless, he readily accepts that it was unsatisfactory that, until he changed the appointments system in 1998, although several women barristers had been appointed to the Supplementary Panels and as standing counsel to other departments, only one had been appointed to the main Chancery and Common Law panels of Treasury Counsel. Informal consultation may have a tendency to result in the recommendation of people known personally to the consultees and the purpose of the new system set up by the Attorney-General is to end such consultation. He recognises that the system of appointments which was previously in place may have contributed to the under-representation of women on the main panels. In recognition of this, he has agreed to make a donation of £5,000 to the Fawcett Society.

4. On the above basis, the parties agree that the Applicant will:

  1. (a) withdraw her county court claim;
  2. (b) withdraw her application to the employment tribunal in each case with no order as to costs.