Judicial Diversity

Constitutional Reform Act 2005Aimed at: increasing independence of judiciary

increasing diversity of appointments

• Created Supreme Court independent of Parliament

• Allowed for Lord Chancellor in Commons

• Created independent JAC

In 2005 there were: 3,800 FT and PT court judges

640 women (17%)

114 BAME (3%)

JAC statutory duties

– To select candidates solely on merit

– To select only people of good character

– To have regard to the need to encourage diversity in the range of persons available for selection for appointment

Difficult birth – and sustained scrutiny

2007 Nooney Review - efficiency

2008 MoJ LEAN review - efficiency

2009 Neuberger Review - diversity

2010 End-to-End Review - organisation/management

2010/11 Public Bodies Bill: low point for JAC

Scrutiny continued…

2011/12 MoJ Review - appointments system as a whole, with focus on diversity

2011/12 HoL Constitution Committee Review -appointments system, including diversity

New focus from then LC: - Cost

- Speed

- Diversity

2013 Crime and Courts Act – enhanced and extended role of JAC

Crime and Courts Act 2013

• Equal merit provision

• Increased lay membership and diversity of selection panels for senior appointments

• Transferred chairmanship of panel to select LCJ and President UKSC to lay members of appointments bodies

• Transferred responsibility for selecting deputy High Court judges to JAC

• Statutory diversity duties for LCJ and LC

JAC Diversity Strategy

• Fair and non-discriminatory selection processes – now incorporating EMP

• Advertising and Outreach – further targeted through candidate attraction project

• Working with others to break down barriers – including via Diversity Forum

Women BAMEDiverse staff: 58% 19%Diverse selection panels: 64% 8%Diverse Commission: 53% 13%

Selection process• Candidates submit competency-based

application form

• Short-listing by online test for larger exercises or paper sift for smaller/senior exercises

• Selection day: interview and combination of:

- presentation on subject specified by JAC;

- role play exercise (usually for entry level posts);

- situational questioning;

- competence-based questions around the qualities and abilities required for the office.

Performance of women candidates I

• Applications from – and recommendations of - women are higher under JAC

• Proportion of applications is significantly higher for 6/7 posts, and recommendations significantly higher for 3/7 posts

• Women making good progress at all levels of competition up to and including Court of Appeal:

- 41% (1,668) of recommended candidates

- 42% (1,173) of recommendations for legal roles

- 35% (530) of recommendations for courts

Performance of women candidates II

• In last District Judge and Circuit Judge exercises, 54% (29/54) and 48% (26/54) of successful candidates were women

• Women now make up 25% of courts judiciary – 830 of 3,282 judges – an increase of 8% (190) in nine years

• Women make up 45% of tribunals judiciary - 2,717 of 6,084 judges

• Progress at most senior levels still slow

Performance of BAME candidates I

• Applications from – and recommendations of - BAME candidates are higher under JAC

• Proportion of applications from BAME candidates is significantly higher for 6/7 posts

• BAME recommendations are significantly higher for one of the posts

• BAME candidates have generally been recommended in line with level in eligible pool:

- 10% (398) of recommended candidates

- 7% (194) of recommendations for legal roles

- 7% (105) of recommendations for court roles

Performance of BAME candidates II

• 6% of courts judiciary have BAME backgrounds – 157 of 3,282 judges – double 2005 proportion

• 13% of tribunals judiciary are BAME – 740 of 6,054 judges

• Progress at senior levels still slow

Current and future challenges

• Diversity of candidate pool an ongoing challenge

• Need multiple routes in to the judiciary – and up

• Impact of O’Brien and Miller litigation – reduction in fee-paid vacancies

• Wider, ongoing financial constraints

April 2014: Total Judiciary 9,366

Courts only

3,282

Women 38% (3,587) 25% (830)

BAME 10% (897) 5.8% (157)