Female and minority applicants to the judiciary could be appointed ahead of white men with equal skills according to a House of Lords report published today (28 March) aimed at increasing diversity in the judiciary.

The report by the House of Lords Constitution Committee suggests positive action could be one measure used to boost diversity and therefore improve public trust and confidence in the justice system.

It proposes using section 159 of the Equalities Act 2010 for judicial appointments which would mean that while appointments must be based on merit, if everything else is equal, the desire to encourage diversity should be taken into account.

The report draws on the most recent judicial statistics which show that in 2011 only 5% of judges were from an ethnic minority and only 22% were women.

Other suggestions in the report include increasing opportunities for flexible working and career breaks to encourage applications from women, as well as the idea of the Lord Chancellor and the Lord Chief Justice being given a duty to encourage diversity among the judiciary.

While the Committee has dismissed the idea of introducing targets to increase diversity, the report states this should be looked at again in five years if there has not been significant progress.

Other recommendations in the report include introducing a formal system of appraisals for judges to ensure that standards within the judiciary are maintained and increasing the retirement age for Court of Appeal and Supreme Court judges from 70 to 75 to retain talent and allow more time for women to reach the highest levels in the judiciary.

The committee has also urged the Government, the judiciary and the legal profession to encourage more judicial applications from solicitors as "being a good barrister is not necessarily the same thing as being a good judge" and suggested that the Lord Chancellor's powers to reject nominations for posts below the High Court be transferred to the Lord Chief Justice.

Committee chairman Baroness Jay said: "It is vital that the public have confidence in our judiciary. One aspect of ensuring that confidence is a more diverse judiciary that more fully reflects the wider population.

"It is important that judges are appointed on merit but the committee felt there are steps that could be taken to promote diversity without undermining that principle. It is also important that solicitors, who are a more representative group of society than barristers, do not face any impediments to a career in the judiciary."

The Government now has two months to respond to the report, at which point it will go back to the Lords for debate.

Fountain Court head Tim Dutton (pictured) said: "I think this report suggests some sensible steps to increasing diversity within the judiciary and I agree with the decision not to resort to setting targets yet. When this was attempted by the Bar some years ago it proved to be more of a hindrance than a help. It is much better to embark on creating a culture of greater awareness and inclusivity.

"The report's recommendation to appoint to correct an imbalance where two candidates are of equal merit is a good one, as it ensures that standards are maintained, but recognises the need for tangible change. I also think that the decision to raise the retirement age in the Supreme Court is sensible. Lord Collins retirement last year came too soon."

The news comes after research published by think-tank CentreForum earlier this week stated that the senior judicial appointments process in the UK was in need of "significant reform".

It recommended a move away from the present system of ad hoc appointing commissions towards an expanded senior judicial appointments commission that includes input from the senior judiciary, cross-party parliamentarians and lay members.