Talent spotting at the Supreme Court

The Supreme Court should use a “tiebreaker” clause to appoint new justices, a review by the court’s chief executive Jenny Rowe has recommended.

The clause, which gives effect to the “equal merit” provision in the Crime and Courts Act 2013, tips the balance in favour of candidates from under-represented groups where two candidates are otherwise equally qualified. Rowe also recommends that “talent spotting” methods should be developed, mentoring for potential candidates be introduced, and more succession planning take place to assess the future needs of the court.

The review invited views from members of past selection commissions as well as academics and a range of other parties.

Lord Neuberger says: “I am content for a number of the recommendations to be taken forward immediately while others will require further discussion with interested parties. Work on this will start in the autumn and will be carried forward by Jenny’s successor.”