Select committee: Constitution Committee

Judicial Appointments Process

Closed Opened 13 May 2011 Closed 13 May 2011
Inquiry scope (the committee's words)
Inquiry into the judicial appointments process for the courts and tribunals of England and Wales and Northern Ireland (including first instance courts) and for the UK Supreme Court. The call for evidence can be viewed below. The deadline for submissions was 30 June 2011. Call for Evidence Note for the witness on the scope of the inquiry There appears to be a consensus that all judicial appointments should be made on merit and that the process should respect the constitutional principle of the independence of the judiciary. Beyond this, there is a range of questions including achieving greater diversity of those selected, ensuring appropriate accountability and transparency, the efficiency and effectiveness of the appointments systems, and the respective roles of the independent selection commissions, ministers, the judiciary and Parliament. The Committee will ask whether the appointments system is fair, independent, transparent and open. It will examine a range of questions including the following. Does the judicial appointments process secure an independent judiciary? Should Parliament scrutinise judicial appointments? How can public understanding of the appointments process be improved? Is the system based on merit? Do we have a sufficiently diverse judiciary?

Where it stands

The inquiry is closed, opened 13 May 2011.

The committee has published 1 report, most recently 25th Report - Judicial Appointments (Report) on 28 March 2012.

The government's response

Published 24 May 2012.

Summary written by Accountability Index from the government's response. It is not the government's own words.

The Government responds to recommendations not covered in its consultation response, endorsing several on diversity and parliamentary engagement while declining to extend the s 64 duty or to increase the statutory retirement age.

  • On diversity training and lay panel members, the Government "fully endorses" the Committee's observation and says the JAC ensures all panellists, lay and judicial, receive equality and diversity training.
  • On extending the statutory diversity duty to the Lord Chancellor and Lord Chief Justice, the Ministry of Justice "is not minded to extend this duty beyond the JAC", and does not believe a statutory duty "would make any difference in practice".
  • On retirement age, the Government "does not propose to increase the statutory retirement age for judicial office holders", saying different ages by level could be interpreted as "unjustifiably discriminatory".
  • On progress reporting, updates on data, judicial careers and the introduction of appraisal are to be included in the second Judicial Diversity Taskforce progress report, due in autumn 2012.

Read the government's response ↗ Report an error

Reports

1 report