New recommendations put forward to increase public confidence in UK judiciary

The introduction of a formal appraisal system for senior judges has been put forward as one of several recommendations in a House of Lords report on judicial appointments published earlier this week (28 March).

The suggestion for a judge-led appraisal system is one of a number of measures intended to boost public confidence in the judiciary contained in the report, which is primarily aimed at increasing diversity.

There is currently no appraisal scheme in place for salaried court judges, although there are schemes operating within some tribunals, with previous proposals that would have seen top judges appraised by court users rejected in 2008.

Proposals intended to boost diversity could see female and minority applicants to the judiciary appointed ahead of white men with equal skills. The report suggests positive action could be used 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.

Committee chairman Baroness Jay (pictured) 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.

Commenting on plans for judicial appraisals, Matrix Chambers' Hugh Tomlinson QC said: "It is difficult to see any sensible argument against an appraisal system for the judiciary for exactly the reasons that the committee has outlined. Appraisals are used in all other areas of professional life and there is an overwhelming argument for extending them to the judiciary. Of course, it could not be done by the Government or outside bodies, but there is no reason why the judiciary cannot organise it itself."

Fountain Court head Tim Dutton said: "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."

Clifford Chance head of commercial litigation Simon Davis commented: "Judges make unpopular decisions every day and a problem with any appraisal system is that unhappy voices shout louder than the happy. If appraisals help judges be better judges that is self-evidently a good thing, but not if they risk in practice being an unnecessary distraction from the effective administration of justice."

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Proposals to boost judiciary diversity

  • Increasing flexible working and career breaks to encourage applications from women
  • Increasing the retirement age for Court of Appeal and Supreme Court judges from 70 to 75
  • Increasing the number of judicial applications from solicitors
  • Giving the Lord Chancellor and the Lord Chief Justice a formal duty to encourage diversity among the judiciary