The Ministry of Justice has been consulting on amendments to the statutory and regulatory frameworks for judicial appointments, together with improving judicial diversity. The Equal Justices Initiative submitted a response to the Consultation in which we argued that the are piecemeal and narrowly focused. In particular, the aims of achieving an appropriate balance between executive, judicial and independent roles and responsibilities, improving diversity, and ensuring an efficient and cost-effective selection process are treated separately, as if they did not interact with each other or operate cumulatively. We suggested that it would be preferable to formulate an overall position incorporating all three aims, and then the answers to the specific questions would flow from that position. This position might be:
- All judicial appointments should involve a selection panel that is gender-balanced, and that includes adequate provision for all other protected characteristics, as well as lay representation.
- Where multiple appointments are to be made, the list of recommendations must include at least 40% of each sex and at least 10% BME and 10% disabled members.
- Where a single appointment is to be made, the selection panel must present a shortlist of 3 names, which must contain the names of at least one man and at least one woman, to the Lord Chancellor, who shall make the ultimate decision on the appointment.