AS THE first person of colour to be appointed to the Court of Appeal, you can understand Lord Justice Singh’s frustration that diversity at the highest level of the legal profession is still perceived as a novelty.
“Everyone can see what I am. I just do not understand this fixation of identifying people with reference to their religious or ethnic identity,” says Sir Rabinder Singh, whose be-turbaned rather than be-wigged appearance is still known to turn heads in judicial corridors.
He was the youngest person (just 39) to be made a high court judge.
Singh was brought up by working class immigrant parents in a tough part of Bristol.
Academically gifted, he thrived at grammar school where his dream of becoming a lawyer was inspired by reading the novel To Kill A Mockingbird, in which a black man in America’s deep south is falsely accused of raping a white woman.
Singh’s own vocation might just have been denied had he heeded the caution of those who advised that becoming a barrister might be a step too far for someone of his background. Undeterred, he gained a double first in law from Trinity College, Cambridge, and an LLM from the University of California, Berkeley. He then won a scholarship to the Inns of Court and succeeded to the Bar in 1989 where the quality of his advocacy in a succession of notable cases made him a star.
He was named Barrister of the Year in 2001 by The Lawyer magazine, appointed a QC in 2002, a high court Judge in 2011 and subsequently, appointed to the court of appeal.
His judicial star rose even higher in September 2018 when he was put in charge of the independent tribunal that investigates complaints against the intelligence services – a crucial role in a functioning democracy, which ensures that those who carry out secret surveillance operations are themselves subject to scrutiny and answerable to the law.
He says the most important quality a judge can have is “curiosity about the world and all the different people who live in it…it is about understanding what the context is to the problem before you... I firmly believe that the most important person in the courtroom is a losing party because they must leave the courtroom feeling that although they have lost, they have had a fair hearing.”
As a barrister, Singh represented a huge cross section of people and organisations, including those accused of terrorist offences, non-government bodies such as Liberty, as well as the government itself. He believes this independent status of advocates in the British legal system is vital.
He says: “I regard it as a fundamental feature of our system and this society’s culture that goes beyond strictly legal considerations that when the government goes to court here or the ECJ or the ECHR in Strasbourg, it is represented by an independent member of the Bar.
“I don’t think people in this country appreciate how this is almost unique in the world. And in general, we have a good record in this country for compliance with judgments of domestic and international courts and this is what one would expect because this a very old, stable democracy which respects the rule of law.”
Over the years, he appeared in many notable cases, including representing the CND in 2002, when he sought a declaration against Tony Blair and others that it would be unlawful for Britain to go to war with Iraq without a fresh resolution from the UN Security Council.
During the Belmarsh case in 2004, Singh successfully represented Liberty in the House of Lords against the indefinite detention without charge or trial of non-nationals suspected of terrorist activities.
Two years later, he represented the RSPCA in their successful response to the claim that the Hunting Act 2004 contravened the Human Rights Act and the European Convention on Human Rights. He also represented Peter Herbert, the chair of the Society of Black Lawyers, in the disciplinary proceedings brought against him by the Bar Council. Peter Herbert had accused the Bar Council of ‘institutionalised racism’. The Bar Council eventually dropped the case against Herbert.
Despite his not wanting to be pigeonholed, an official Ministry of Justice comment on his appointment as a high court judge said: “The government wants to create a society of aspiration, where people of ability feel free to aim to reach the highest offices of our country, regardless of their background, race or gender. The appointment of Mr Rabinder Singh QC, a talented and highly respected barrister, to the high court, represents a real landmark in the drive to create a more diverse judiciary, which continues to attract the highest quality candidates.”
Though there has been an increase in the number of high court judges from the BAME community in recent years Singh himself says there are no “quick fixes” when it comes to securing full representation.
“The most important thing is that appointment must be on merit only. I believe there are some very talented people out there in the professions from many different backgrounds who will be appointed if they are given the opportunity to show their skills and abilities.
“There needs to be more of what is currently going on – outreach events and encouragement. I hope this will enable a critical mass to develop over time. Every applicant helps. As people see numbers increase, they become more confident that the system is working and it is fair and this will generate more applications in the future.”
You would expect any judge to be an assiduous reader of dense and scholarly tomes dealing with both case and legislative law – and Singh who possesses a brilliant legal mind – is no exception. Throughout his life he has also been an avid reader of plays and literature, with a particular fondness for Greek and Latin classical works and authors who “can put themselves into the character of someone completely different.”
This is something he brings to bear in the courtroom since literature enables judges – who may lack the direct life experience of many litigants – “to understand the world from different people’s perspectives.
