Search for a more representative judiciary

Government seeks representative judiciary

Government seeks representative judiciary

The Department for Constitutional Affairs has launched a new consultation paper on how to ensure that the judiciary is more representative of society.

It is particularly keen on attracting more female, ethnic minority and disabled judges.

Currently, only 15.8 per cent of judges are women, and just 3.4 per cent come from ethnic minority backgrounds.

Measures under consideration include part-time sitting arrangements below High Court level, work-shadowing schemes and formal career breaks, along with a recruitment campaign. The Government are insistent though that merit will continue to be criteria upon which judges are appointed.

Speaking this morning, Lord Falconer, Secretary of State for Constitutional Affairs, said: “Judicial appointments will continue to be made on merit. But I do not believe that there is any conflict between merit and diversity.

“It is a matter of great concern that the judiciary in England and Wales – while held in high regard for its ability, independence and probity – is not representative of the diverse society it serves. This consultation paper examines the extent of, and the reasons for, this lack of diversity, and the barriers that may discourage people from applying for judicial appointment.

“I regard it as one of the priorities of my new department that the diversity of the nation should increasingly be reflected in the diversity of its judges. A more diverse judiciary is essential if the public’s confidence in its judges is to be maintained and strengthened.”

Lord Falconer said he was keen to find out why people from more different backgrounds are not applying for judicial appointments and to find ways to remove any barriers.

Judges can only be appointed from the pool of available lawyers, so the consultation will also look at the current service requirements for lawyers before they can apply to be judges and whether these inhibit diversity.

The Department’s consultation paper, and its key 84 questions, will be sent to judges, lawyers and other interested parties with responses required by January 21st 2005. A number of free roadshows will also be held around the country.