An equal treatment manual given to judges and magistrates on appointment is undergoing a refresh, it has emerged – but the judiciary has declined to confirm whether two ‘problematic’ sentences highlighted by the authors of a report on racial bias and the bench will remain. The lady chief justice told MPs last week the revised bench book will be published in a couple of months.
News of a revised version of the Equal Treatment Bench Book was revealed in the latest update of the judicial diversity and inclusion strategy. The Gazette asked the Judicial Office if the new version will reflect submissions in a letter sent to the bench book’s editors last August by Professor Eithne Quinn and Keir Monteith KC, lead authors of the report.
One aspect of Quinn and Monteith’s concerns related to two sentences explaining the differences between people on the basis of their race and ethnicity.
In an overview for chapter 8 on 'Racism, Cultural/Ethnic Differences, Antisemitism and Islamophobia', the bench book says: 'Just because the majority of members of an ethnic group have certain characteristics or views does not mean all members of the group have those characteristics or views.’
In a sub-section of chapter 8, entitled 'Avoiding Stereotypes and Holding Confidence', the bench book says: ‘Even where it is generally true that most members of an ethnic group share certain characteristics, experiences or views, it does not mean that every member of the group has those characteristics, experiences or views.’
Quinn and Monteith approached nine leading race experts for their thoughts before writing to the editors.
Professor Anton Emmanuel, head of the NHS Workforce Race Equality Standard, said the wording of the two sections 'is delivered with the implication that there is such a thing as a common view held by the majority of individuals of any particular social group, including those of a particular racial group. The implication that there are racially-underpinned beliefs fails to grasp the individuality of opinion and offers validity to the notion that such assumed common views exist. This is a prejudiced concept.'
Dr Shabna Begum, interim co-chief executive of The Runnymede Trust, said the statements ‘whilst purporting to assist the reader to think beyond stereotypes, operate to do the exact opposite by endorsing the premise of shared group characteristics’.
The judiciary declined to tell the Gazette if the two sentences will remain in the revised version.
A spokesperson said: ‘The Equal Treatment Bench Book is created by judges for judges, providing important information, context and advice to support them. It is regularly updated and amended as necessary to reflect changing circumstances and to incorporate the most up-to-date societal knowledge.’
Asked about the Racial Bias and the Bench report by the House of Commons justice select committee last week, the lady chief justice welcomed the report, telling MPs ‘we need all this information’. Baroness Carr of Walton-on-the-Hill said the revised bench book would be published in a couple of months and chapter 8 is tighter, shorter and full of practical guidance.
