Editor's Letter

LAST MONTH marked 50 years since the publication of the Wolfenden Report. Given the seismic change in law that followed, it is an event with which many readers may be familiar.

The report was the culmination – in 1957 – of a three-year enquiry into “homosexual offences and prostitution” in Great Britain. Among the recommendations made by Sir John Wolfenden’s 13-member committee was something that today seems obvious – that “homosexual behaviour between consenting adults in private should no longer be a criminal offence”. It was not the job of law, the report argued, “to intervene in the private life of citizens or seek to enforce any particular pattern of behaviour” other than to protect citizens and safeguard the vulnerable from “what is offensive or injurious”.

While the definition may raise a few eyebrows among those who see a certain ‘nanny state’ tendency in today’s politics, the significance of Wolfenden’s conclusion for subsequent legal developments is clear. A decade later laws against homosexuality were replaced by The Sexual Offences Act 1967. Fast forward some 40 years, and on 21 December 2005 British people in same-sex relationships could enjoy similar rights to married couples through the Civil Partnerships Act. In 1997 Wolfenden came 45th in the Pink Paper’s list of The Top 500 Lesbian and Gay Heroes.

But it was the furore surrounding the ‘Section 28’ amendment for the Local Government Act 1988 – the issue of “promoting homosexuality” – that led to the serious rise of campaign groups such as Stonewall. Formed in 1989, one of Stonewall’s campaigns set out to persuade parliament to repeal Section 28, which was eventually accomplished in 2003 after much debate generally and successive defeats in the House of Lords.

Stonewall also offers advice on tackling workplace homophobia and publishes an annual Workplace Equality Index (WEI), including an assessment of “the top 100 employers for gay people in Britain”.

No law firm made the list for 2007 and legal was found to be the worst-performing sector overall – well behind investment banks and consulting firms. On the other hand, there were six investment banks in the top 30 alone, including JPMorgan. It puts into perspective that particular client’s decision earlier this year to call partners from its law firm panel to a seminar meeting with Stonewall.

So do law firms need to tackle potential homophobia in their ranks? A year ago The Law Society unveiled its first report into the experience of gay and lesbian lawyers, and welcomed by Stonewall, detected “undertones of homophobia” in certain patterns of behaviour, particularly some associated with life (and play) in the City. It is hard to assess the extent of any impact, however, as perceived bias may result in people choosing to conceal their sexuality from peers. Long hours and pressures, client hospitality, and the mechanics and culture of partnership, may also mean colleagues are more likely to form certain groups, where work, leisure and lifestyle gets blurred. Does this mean some implicit exclusion occurs, however unintended?

Whatever their view on the issue, firms will certainly want to ensure employee diversity is a true value that permeates all aspects of office life – and not just a policy pinned up in the foyer.

Richard Brent

Editor

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