Record number of QCs appointed despite talk of abolishing the title

Two barristers from the Lord Chancellor's former chambers are among a record number of lawyers to be appointed to the rank of Queen's Counsel amid continuing accusations of "jobs for the boys".

Today's list of 121 new "silks" is published days after Lord Irvine of Lairg announced his intention to consult over whether to abolish the coveted title for good. Lord Irvine told a committee of MPs he would publish a consultation paper that would look into the future of the QC title, which many barristers regard as the pinnacle of a career.

This year's crop of promoted barristers is an increase of eight from the year before, which in turn set a record.

Two years ago, the Office of Fair Trading reported that QCs offered "questionable value" to the public because barristers and solicitors were allowed to increase their fees as soon as they "took silk".

The two promoted barristers from Lord Irvine's former chambers – 11 King's Bench Walk, which he led until he joined the Government in 1997 – are Nigel Giffin and Charles Bear. A third successful applicant, Philippe Sands, comes from Cherie Booth QC's Matrix chambers.

There is no suggestion that the three candidates achieved their promotion on anything other than merit. However, a recent report concluded that the QC system was open to accusations of elitism because most successful applicants came from a select group of chambers in London.

This year, 394 applications for silk were made, of which 39 were from women, 23 from ethnic-minority lawyers and 10 from solicitors. Of the 121 appointed (30.7 per cent of all applicants), nine are women (23.1 per cent of female applicants) and seven are from an ethnic minority (30.4 per cent of such applicants); one is a solicitor.

Last year, 429 lawyers applied. Of the 113 appointed (26.3 per cent of all applicants), 12 were women (27.2 per cent of all female applicants), seven were from an ethnic minority (36.8 per cent of such applicants) and two were solicitors (25.0 per cent of all solicitor applicants).

A spokesman for the Lord Chancellor's Department said: "All those recommended for appointment by the Lord Chancellor have demonstrated that they meet the published criteria to the required standard regardless of gender, ethnic origin, sexual orientation, marital status, political affiliation, religion, disability or professional background."

The average annual earnings of all applicants was more than £205,000, and among successful applicants was £246,000. The highest earner reported annual earnings of £685,000 while the lowest-paid applicant took home an average of £57,000 a year.

Peter Herbert, chairman of the Society of Black Lawyers, said the entire system of judicial appointments should be "fundamentally changed" with an independent commission set up to make silk appointments. Regarding the appointment of lawyers from the Lord Chancellor's chambers, Mr Herbert said: "I don't know the individuals concerned, they probably deserve the appointments." But he added: "The appointment system [generally] lacks the sort of objectivity one would expect in other sectors of the public appointment system."