Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps he is taking to ensure transparency in the use of statutory consultation in the appointment of judges.

The Lord Chancellor is committed to transparent and merit-based selection processes that maintain the quality of our judiciary.

Statutory consultation is provided for in legislation and requires the independent Judicial Appointments Commission (JAC) to seek views from those with relevant experience, unless the appropriate authority agrees it is not required. It is one of a range of shortlisting and selection tools used by the JAC to ensure that candidates are of good character and have relevant capabilities for the role.

The JAC made changes to the operation of statutory consultation following an independent review in 2022 to provide clearer information about when and how statutory consultation is used. It has recently published an evaluation of those changes alongside updated guidance for candidates and consultees (https://judicialappointments.gov.uk/corp-publication/evaluation-on-the-revised-approach-to-statutory-consultation/).

Candidates can complain to the JAC and, if dissatisfied, to the independent Judicial Appointments and Conduct Ombudsman if they believe that their application for appointment has not been handled appropriately.