Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether secret soundings are taken from leadership judges or other automatic consultees on the suitability of an individual for judicial appointment.

Consultation with the judiciary in relation to judicial recruitment is provided for in statute.

The independent Judicial Appointments Commission (JAC) has the responsibility to run selection exercises and make recommendations to judicial posts up to and including the High Court. The JAC has a statutory duty to only select people for judicial appointment only on merit and who are of good character, in line with section 63 of the Constitutional Reform Act 2005.

As part of the selection process, a range of shortlisting and selection day tools are used to assess candidates. The Lord Chief Justice and another person who held the office for which the candidate is applying or has relevant experience are also consulted on the applicant, in line with section 30(1) of the Judicial Appointments Regulations 2013 to ensure that candidates are of good character and have relevant capabilities for the role. Further information on the JAC’s selection process regarding the suitability of candidates for appointments is available at – https://judicialappointments.gov.uk/guidance-on-the-application-process-2/

For judges above the High Court an independent selection panel is convened as set out in the Constitutional Reform Act 2005. In line with those provisions, the commission, consisting of non-legally qualified members, judicial members and members of the JAC, will determine and apply the selection process required and will consult key officials and senior members of the judiciary on the candidates.

For appointments to the UK Supreme Court, a selection panel is convened. The panel consists of the UKSC President, a member from the JAC, the Judicial Appointments Board for Scotland, the Northern Ireland JAC and a Senior UK Judge in line with Part 3 (11) of the UK Supreme Court Regulations 2013. The panel will determine and apply the selection process required and consult with the senior judiciary and senior officials on candidates, in line with Section 27 (1) of the Constitutional Reform Act 2005.