Government Response – Appointments and Diversity: A Judiciary for the 21st Century

In November 2011 the Ministry of Justice published a consultation that considered aims to improve the efficiency and diversity of judicial appointments. The consultation response has now been published, it outlines proposals which include:

  • Transfering the Lord Chancellor’s current role, in making the selection decision in relation to particular courts-based appointments below the High Court, to the Lord Chief Justice
  • Provisions for a JAC selection process to operate in relation to judges sitting in the High Court whether this is as a result of being appointed as a deputy judge of the High Court or, in the case of Circuit judges and Recorders, being authorised to sit in the High Court.
  • Providing that the Lord Chancellor should be consulted prior to the start of the selection process for appointments to the Court of Appeal and above, where he is not a member of the selection panel.
  • Enabling the Lord Chancellor to be able to sit on the selection commissions for selection for appointment of the Lord Chief Justice and the President of the UK Supreme Court
  • Facilitating part-time working for judges in the High Court, Court of Appeal and UK Supreme Court.
  • Introducing a ‘tipping point’ provision that allows positive action to promote diversity when two applicants to judicial office are of equal merit.

These will be taken forward as part of the Crime and Courts Bill announced in the Queen’s Speech