Senior Judiciary: Women

Debate between Lord Faulks and Baroness Prashar

Tuesday 1st April 2014 Lords Chamber

[Lord Faulks]

I think I have already given the answer regarding the percentage of applicants to the High Court Bench. One of the ways of fulfilling what the noble and learned Baroness has said is the system of mentoring. This is one of the suggestions being considered by the judicial diversity task force. The Lord Chief Justice is particularly keen to encourage diversity, and I know that the suggestion that the noble and learned Baroness makes is one that is very much on his mind.

[Baroness Prashar (CB)]

My Lords, does the Minister agree that the progress of women at senior levels of the judiciary has been slow because what constitutes “merit” is defined predominantly by men in the senior judiciary and then assessed by panels that are predominantly made up of men?

[Lord Faulks]

As the inaugural chair of the Judicial Appointments Commission, the noble Baroness speaks with great authority. I entirely accept that the definition of merit is somewhat elusive, particularly equal merit. Whether you decide that there is clear water, as Lord Sumption said in his lecture on the subject, between all candidates or whether you say that there is equal merit between quite a number who have risen to the relevant level, it is then permissible to decide questions of diversity at that level in the appointment. Of course, there is plenty of anecdotal evidence that there has been too much a question of men seeking to promote men of a similar type.