Judicial Appointments

Monday 21st November 2011 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

The judiciary play a critical role in the administration of justice. It is therefore vital that we select candidates for judicial office on merit, through fair and open competition, from the widest range of eligible candidates.

We consider that there is a need to address issues with the current systems. Those issues include: the length of time and amount of money it can cost to run a selection process; the degree of diversity in appointments; and the inflexibility of the Constitutional Reform Act 2005, which means even minor process changes require primary legislation.

All of this supports the case for revisiting judicial appointments and today we have launched a consultation on legislative changes to achieve the proper balance between executive, judicial and independent responsibilities, improve clarity, transparency and openness in processes; create a more diverse judiciary that is reflective of society; and deliver speed and quality of service to applicants, the courts and tribunals and value for money to the taxpayer.

A number of our proposals give effect to recommendations arising from the report of the advisory panel on judicial diversity. Others come from the judiciary and those with a close interest in the appointment process.

I have formally submitted the consultation to the chair of the House of Lords Constitution Committee as part of our contribution to their ongoing inquiry into judicial appointments and diversity. The Government intend to consider the Committee’s findings alongside responses to this consultation.

The closing date for comments will be 13 February 2012.

It is available online at: http://www.justice.gov.uk/consultations.