Call for inclusive judiciary

Justice, the leading civil liberties organisation, has issued a call to action on the way senior judges are selected.

Its report, Increasing judicial diversity, launched this week, notes that the senior judiciary is dominated by white, privately educated men, and that Lady Hale is the only female Justice at the Supreme Court. It calls for systemic change to increase accountability on selection and proposes new routes to the senior bench.

‘Now is the perfect time for change,’ said Justice director Andrea Coomber.

‘We are faced with an unprecedented opportunity as the majority of the Supreme Court—all nine judges from England and Wales—will be replaced over the next three years, resulting in vacancies cascading down the judiciary. With such a high number of appointments opening up, there is a real chance to change swiftly the demographic composition of our senior judiciary.’

The report highlights the natural tendency in senior selections to replicate the characteristics of the existing judiciary, meaning ‘merit’ can become a vehicle for unconscious bias. Another potential barrier is that the vast majority of circuit judges are former barristers—the report suggests that, while the Bar produces many excellent judges, a wider pool and an upward career path for judges in the lower courts would make for a more inclusive bench.

It suggests a raft of measures, including selection targets with ‘teeth’ in the shape of an obligation to comply or explain decisions to the Justice Select Committee. A permanent ‘Senior Selections Committee’ could be set up for appointments to the Court of Appeal, Heads of Division and Supreme Court, setting targets for each level and reporting to a Parliamentary committee.

Other suggestions are greater use of flexible working, ‘appointable pools’ of suitable judges for each court as part of a rolling, proactive recruitment programme, and an upward judicial career path where entry-level positions in the tribunal system can lead to the senior judiciary.