Sex Disqualification (Removal) Act 1919

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Celebrating 100 years of women practising in the law

In December 1919, the Sex Disqualification (Removal) Act received royal assent, enabling women to become lawyers for the first time.

On Christmas Eve 1919, a woman called Helena Normanton made history, becoming the first woman in England and Wales to join the Inns of Court, the first step towards qualifying as a barrister. This followed the passing of the Sex Disqualification (Removal) Act, ie, ‘an Act to amend the law with respect to disqualifications on account of sex’, on 23 December 1919, which paved the way for women to become lawyers for the first time.

This year the legal profession celebrates the centenary of the 1919 Act, which was the culmination of over 40 years’ campaigning by women to enter the legal profession. It is an opportunity to reflect on the achievements of the female legal pioneers of the past 100 years and what their stories tell us about tackling the ongoing barriers to the progress of women lawyers.

While considerable progress has been made - with the number of women entering the law now outnumbering men - female representation at the top still lags behind significantly. There is much to do: women are still not suficiently represented at equity partner level in law firms, among QCs or in the judiciary, and a considerable gender pay gap persists. Given that 75% of our members are women, we believe that CILEx has a key role to play in working towards equality in the profession.

The Sex Disqualification (Removal) Act

The passing of the 1919 Act was the culmination of a long and protracted legal fight. Women had made many attempts to become lawyers before 1919. The first application by a woman to be admitted to the Law Society was made in the 1870s and, in 1873, a petition signed by ‘92 ladies’ was submitted, seeking permission to attend lectures of the Council of Legal Education at Lincoln’s Inn. Despite the fact that women were already reading law at university, the petition was rejected by the Inns of Court.

An important step forward was Bebb v The Law Society [1914] 1 Ch 286, an unsuccessful legal action by Gwyneth Bebb and three other women to get the Law Society to admit them to its preliminary examinations, on the basis that women were ‘persons’ within the meaning of the Solicitors Act 1843, and so were entitled to be admitted.

The judge ruled that women were unable to carry out public functions unless parliament changed the law. Publicity from the case helped the campaign for women’s admission to the legal profession and paved the way for the 1919 Act.

When the 1919 Act received royal assent, it ensured - for the first time - women’s entry into the professions and stipulated that women would receive their degrees from universities on completion of study. The legislation removed all legal barriers to women working as lawyers on the ground of their sex, and enabled women to act as jurors and become magistrates.

The First 100 Years project

One female lawyer who has been instrumental in marking this landmark year is Dana Denis-Smith, founder of the First 100 Years project and CEO of Obelisk Support. In 2014, she stumbled upon a photograph from 1982. It showed City law firm Herbert Smith (now Herbert Smith Freehills) celebrating its centenary: front and centre of the photo was the firm’s first female partner, Dorothy Livingston.

For Dana Denis-Smith, it was the start of a five-year journey to chart and celebrate the history of women in the law and to inspire future generations. She asked herself who the woman in the photo was, and how she felt being the only woman. Dana Denis-Smith wanted this woman’s story to be heard and to understand more about the history of women in the law. And so, the First 100 Years project was born.

First 100 Years began with the aim of creating an online library of 100 stories about women who have shaped the legal profession from the passing of the 1919 Act to present day. Today, the project has grown into the legal profession’s main celebration of women in the law, with figures from all corners of the profession sharing their story via podcasts, conferences and films.

In doing so, First 100 Years has unearthed some extraordinary tales about the battle women faced to be heard, including Dorothy Livingston’s recollection of being asked to make the tea in a meeting; the country’s most senior lawyer, Baroness Hale, being told that women should be carers not barristers because they are either too stubborn or too yielding to fight; and barrister Nemone Lethbridge, describing the exclusion of women at her chambers, where a lock was put on the toilet door and all the men were given a key except her (she had to use the lavatory in a café on Fleet Street).

To celebrate this centenary year, First 100 Years continues to add to its library of films, featuring interviews with pioneering women in law, including our very own former president, Millicent Grant and first female CILEx judge, Elizabeth Johnson.

An exhibition charting the history of women in law is currently touring the country, and a book, ‘First:100 years of women in law’, which is supported by CILEx will be published in November. It explores the often-untold stories of the pioneers, reformers and influencers who paved the way for today’s women lawyers.

The next 100 years

We should celebrate the hard-won progress of the last 100 years and the stories of those legal pioneers that are so vital in providing a solid, positive platform for the future. But we also need to persist in removing the barriers to women’s progress which are still built into the legal profession, so that those about to embark on their careers can expect to be successful whatever path they choose to take.

For our part, CILEx is supporting the continued work of the First 100 Years project. In addition - alongside the Bar Council and the Law Society - earlier this year we launched the Women in Law pledge, which aims to sign up law firms, local law societies, barristers’ chambers and others to a commitment to improve gender equality.

Organisations that sign the pledge commit to supporting the progression of women into senior roles in the profession by focusing on retention and promotion opportunities. They must set clear plans and targets around gender equality and diversity for their organisation, and publish their action plans and report publicly on their progress towards achieving their goals.

As part of our lobbying work, CILEx continue to push the interests of our female members and to influence legislation aimed at preventing sex discrimination and harassment, such as responding to a recent consultation on the government’s plans to extend redundancy protections for women returning to work after maternity leave.

We also continue to push for judicial diversity, encouraging our majority female membership to consider a career in the judiciary and offering help and support with making applications.

So, while we look back and celebrate the significant progress of women in law over the past 100 years, we also want to ensure that change over the next 100 years moves at a far greater pace. Representing the interests of our members, both male and female, and removing barriers to progression are two of CILEx’s key aims. We are committed to ensuring that a career in the law is accessible to all and to fighting for equality in both the legal profession and justice system.​

CILEx HAS ITS OWN ROLL CALL OF PIONEERING WOMEN

Joyce Arram Joyce gained ILEX Fellowship in 1972 and, in 1976, was the first woman on the Institute’s Council. Regrettably, Joyce, who was a 'true ambassador for CILEx', died in November 2018.

Vivienne Ashworth
ILEX President 1989/1990

Vivienne Ashworth became a Fellow in 1975 and, in 1989, became the First Lady President of the then ILEX.

Diane Burleigh
CEO from 1998 to 2014

Diane Burleigh OBE, was CILEx’s first female chief executive, holding the position for 16 years until her retirement in 2014. Diane is also an honorary CILEx Fellow and spent more than 44 years in the legal sector.

Susan Silver
President 2011/2012: officially, the first CILEx President

Susan was elected national President in 2011. The then ILEX was awarded the Royal Charter in January 2012. Susan was, therefore, oficially the first President of the Chartered Institute of Legal Executives. Sadly, Susan died in August 2018.

Frances Edwards
CILEx President 2014/15

Frances joined CILEx in 1998 and qualified as a Fellow in 2000. Frances has been a CILEx Council Member for Wales since July 2008. In 2014, she became the first Welsh woman President.

Millicent Grant
CILEx President 2017/18

In 2017, Millicent Grant became the first BAME President. Millicent qualified as an Associate of the then ILEX in 1978, and was admitted as a Fellow of the Institute in 1991.

Elizabeth Johnson

Earlier this year, Elizabeth Johnson became the first female Chartered Legal Executive to be appointed to the judiciary. Elizabeth was appointed as a Judge of the First-tier Tribunal, assigned to the Social Entitlement Chamber.

Chloe Hubbert

Chloe Hubbert is the second female Chartered Legal Executive (CLE) to be appointed to the judiciary and the first female CLE to become a Deputy District Judge. She has been appointed on the Midlands Circuit.