Irvine accused of contempt of court

THE CONTROVERSIAL Lord Chancellor, Derry Irvine, who has been found guilty of sex and race discrimination, may soon find himself in the dock again, accused of contempt of court.

Two women lawyers who won an industrial tribunal case against Lord Irvine in March now plan to take him to court over "demeaning and insulting" remarks he made about their character and motivation.

Jane Coker and Martha Osamor have asked their lawyers to examine ways to bring contempt proceedings over his comments. The two women said they decided to act after the Lord Chancellor gave an interview to the Law Society Gazette in which he said he had no regrets about describing the women's claim as "mischievous" and politically motivated.

Full reasons for the tribunal's finding against the Lord Chancellor will be given this week.

The case centred on allegations of cronyism within the Government. The panel found Lord Irvine was guilty of sex and race discrimination when he appointed his friend Garry Hart - who is the godfather of Tony Blair's daughter - as his pounds 73,000-a-year special adviser.

The full ruling is expected to make unhappy reading for the Government. The panel will call into question the decades-old procedure for the appointment of advisers to ministers, such as Alastair Campbell, the Prime Minister's spokesman.

Nearly all of the 69 advisers, whose salaries cost the taxpayer pounds 2.6m a year, were hand-picked by ministers. Only the jobs of the "drugs tsar" and his deputy went out to open selection.

Special advisers were introduced by Harold Wilson in 1968 to provide expertise to ministers, before the introduction of sex and race equality laws. Although they are appointed under a special Order in Council, which allows ministers to bypass normal civil service recruitment procedures, the tribunal found that did not exempt them from employment and equality law.

Lord Irvine's decision to select his adviser from an elite circle of his white male friends, so denying women and ethnic minorities a chance, meant he was guilty of indirect bias, it ruled.

Although both women succeeded in proving the system was flawed, the tribunal found that only Ms Coker, a 44-year-old immigration lawyer with a formidable background, had been discriminated against, saying she had had a realistic chance of landing the job. It ruled that Ms Osamor, 59, a Labour member for 15 years, was politically too "Old Labour" to have stood a realistic chance.

"It was the principle that the Lord Chancellor was not above the law of the land that I was interested in - not about any detriment I might have suffered," Ms Osamor said yesterday. In an interview with the Independent on Sunday, Ms Osamor said that neither she nor Ms Coker realised that their case would have implications for the Government when they spotted a short announcement in a legal magazine that Mr Hart, then a partner in the City firm of Herbert Smith and a specialist in planning law, had been appointed to the post.

Ms Coker, who has a law firm in north London, said: "I simply thought: `I would have liked that job.' I was ideally qualified. The Government was to introduce human rights legislation and set about reforming access to justice and changing legal aid. Not only was I a solicitor dealing with people who had been denied access to justice, I had also advised Labour in opposition on key legislation. I looked to a Labour government to change things, and I wanted to be there to change things - but I never got a chance."

She found she could not apply for the job. It was not advertised; there were no head-hunters and there were no checks in place to ensure that the process was not discriminatory. And the women found that with such a policy the Cabinet was replicating itself with its choice of advisers. There are no black special advisers and only 24 per cent are women, the same make-up as the Cabinet.

The tribunal was told that Lord Irvine needed someone in the job that he could totally trust. But Ms Coker said: "Special advisers are high-powered and incredibly responsible jobs. To exclude those who might have excellent qualifications and to assume they are not trustworthy, because they are not personally known, is a nonsense."

The Lord Chancellor says he intends to appeal against the ruling. Yesterday a spokeswoman in his department said she could not comment on the possibility of contempt proceedings.

Ironically, the Lord Chancellor has already appointed Ms Osamor to sit on employment tribunals. Meanwhile, Jane Coker has been shortlisted for an assistant recorder post on the Oxford and Midland judges' circuit. The decision over her appointment also rests with him.

Suggested Topics
Start your day with The Independent, sign up for daily news emails
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksAn introduction to the ground rules of British democracy
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
SPONSORED FEATURES
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Recruitment Genius: Senior Environmental Adviser - Maternity Cover

£37040 - £43600 per annum: Recruitment Genius: The UK's export credit agency a...

Recruitment Genius: CBM & Lubrication Technician

£25000 - £27500 per annum: Recruitment Genius: This company provides a compreh...

Recruitment Genius: Care Worker - Residential Emergency Service

£16800 - £19500 per annum: Recruitment Genius: Would you like to join an organ...

Recruitment Genius: Senior Landscaper

£25000 - £28000 per annum: Recruitment Genius: In the last five years this com...

Day In a Page

The long walk west: they fled war in Syria, only to get held up in Hungary – now hundreds of refugees have set off on foot for Austria

They fled war in Syria...

...only to get stuck and sidetracked in Hungary
From The Prisoner to Mad Men, elaborate title sequences are one of the keys to a great TV series

Title sequences: From The Prisoner to Mad Men

Elaborate title sequences are one of the keys to a great TV series. But why does the art form have such a chequered history?
Giorgio Armani Beauty's fabric-inspired foundations: Get back to basics this autumn

Giorgio Armani Beauty's foundations

Sumptuous fabrics meet luscious cosmetics for this elegant look
From stowaways to Operation Stack: Life in a transcontinental lorry cab

Life from the inside of a trucker's cab

From stowaways to Operation Stack, it's a challenging time to be a trucker heading to and from the Continent
Kelis interview: The songwriter and sauce-maker on cooking for Pharrell and crying over potatoes

Kelis interview

The singer and sauce-maker on cooking for Pharrell
Refugee crisis: David Cameron lowered the flag for the dead king of Saudi Arabia - will he do the same honour for little Aylan Kurdi?

Cameron lowered the flag for the dead king of Saudi Arabia...

But will he do the same honour for little Aylan Kurdi, asks Robert Fisk
Our leaders lack courage in this refugee crisis. We are shamed by our European neighbours

Our leaders lack courage in this refugee crisis. We are shamed by our European neighbours

Humanity must be at the heart of politics, says Jeremy Corbyn
Joe Biden's 'tease tour': Could the US Vice-President be testing the water for a presidential run?

Joe Biden's 'tease tour'

Could the US Vice-President be testing the water for a presidential run?
Britain's 24-hour culture: With the 'leisured society' a distant dream we're working longer and less regular hours than ever

Britain's 24-hour culture

With the 'leisured society' a distant dream we're working longer and less regular hours than ever
Diplomacy board game: Treachery is the way to win - which makes it just like the real thing

The addictive nature of Diplomacy

Bullying, betrayal, aggression – it may be just a board game, but the family that plays Diplomacy may never look at each other in the same way again
Lady Chatterley's Lover: Racy underwear for fans of DH Lawrence's equally racy tome

Fashion: Ooh, Lady Chatterley!

Take inspiration from DH Lawrence's racy tome with equally racy underwear
8 best children's clocks

Tick-tock: 8 best children's clocks

Whether you’re teaching them to tell the time or putting the finishing touches to a nursery, there’s a ticker for that
Charlie Austin: Queens Park Rangers striker says ‘If the move is not right, I’m not going’

Charlie Austin: ‘If the move is not right, I’m not going’

After hitting 18 goals in the Premier League last season, the QPR striker was the great non-deal of transfer deadline day. But he says he'd preferred another shot at promotion
Isis profits from destruction of antiquities by selling relics to dealers - and then blowing up the buildings they come from to conceal the evidence of looting

How Isis profits from destruction of antiquities

Robert Fisk on the terrorist group's manipulation of the market to increase the price of artefacts
Labour leadership: Andy Burnham urges Jeremy Corbyn voters to think again in last-minute plea

'If we lose touch we’ll end up with two decades of the Tories'

In an exclusive interview, Andy Burnham urges Jeremy Corbyn voters to think again in last-minute plea