Meeting of the Parliament 08 March 2018
I hope to develop that theme, but my point is that many more young girls are now qualifying in law. I therefore expect to see a corresponding increase in women filling senior places. As I go on, I hope to tell Parliament what I think needs to happen to encourage that.
Of the 35 senators of the College of Justice in Scotland who sit in the Court of Session and the High Court, 10 are women. At sheriff court level, however, the numbers are less encouraging. Of the 142 permanent or resident sheriffs sitting in our 39 sheriff courts, only 27 are women.
At UK level, the Supreme Court is led by Baroness Hale of Richmond, who is the first female head of the judiciary in the United Kingdom. She was also the first woman law lord in 2004, and then the first woman Justice of the Supreme Court in 2009. However, of the other 11 members of the Supreme Court, only one justice—Lady Black of Derwent—is a woman.
At Europe level, the European Parliament conducted a study of the legal profession across EU countries in August 2017. It revealed that women predominate in practice areas such as family and child law, and that their presence in commercial law practice areas is increasing. The trend has been reflected in an increase in the number of female partners in large pan-European law firms. Significantly, the reason that is given for that change is that because commercial practice is becoming more about negotiation and client care than about contentious litigation, it has seen an increased requirement for skills that are “stereotypically possessed by women”.
The European study also found that, although there is an increase in the number of women who are entering the legal profession and becoming partners, the number of women progressing to partnership or elite levels in the advocacy profession is still very small.
Scotland has much to be proud of. There has undoubtedly been a significant increase in the number of women entering the legal profession but, equally, with some notable exceptions, there is still a steep hill to climb before that trend is reflected at the top of the profession in years to come.
I hope that, by raising awareness about stereotypes and addressing the wider societal issues—including adequate childcare provision and presumption about who bears the burden of caring for children or other dependants—a level playing field can be achieved that will provide all women with the opportunities to reach the top of the legal profession. In the meantime, we recognise and pay tribute to trailblazers such as Baroness Hale and Dame Elish Angiolini for the breakthroughs that they have made, which will pave the way for future generations of women.
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