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Appointments and Diversity 'A Judiciary for the ... - Ministry of Justice

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<strong>Appointments</strong> <strong>and</strong> <strong>Diversity</strong> A <strong>Judiciary</strong> <strong>for</strong> <strong>the</strong> 21st Century’<br />

Response to public consultation<br />

Ministerial Foreword<br />

The judiciary play a critical role in <strong>the</strong> administration <strong>of</strong> justice. It is <strong>the</strong>re<strong>for</strong>e vital that we<br />

select c<strong>and</strong>idates <strong>for</strong> judicial <strong>of</strong>fice on merit, through fair <strong>and</strong> open competition, from <strong>the</strong><br />

widest range <strong>of</strong> eligible c<strong>and</strong>idates. However, despite progress <strong>the</strong> composition <strong>of</strong> our<br />

judiciary still does not adequately reflect <strong>the</strong> society it serves.<br />

This issue matters <strong>for</strong> obvious reasons <strong>of</strong> fairness, efficiency <strong>and</strong> enhancing public<br />

confidence in <strong>the</strong> justice system. That is why in November last year I published a<br />

consultation which proposed a number <strong>of</strong> initiatives that aimed to address issues that had<br />

been identified with <strong>the</strong> current system <strong>of</strong> appointing judges.<br />

We have considered carefully <strong>the</strong> responses received to our consultation <strong>and</strong> are<br />

particularly grateful to <strong>the</strong> House <strong>of</strong> Lords Constitution Committee <strong>for</strong> <strong>the</strong>ir own inquiry into<br />

judicial appointments, which ran concurrently to our own consultation, <strong>and</strong> provided<br />

additional insight <strong>and</strong> suggestions surrounding our policy proposals.<br />

We propose to take <strong>for</strong>ward a number <strong>of</strong> <strong>the</strong> proposals, <strong>and</strong> <strong>the</strong>se will be included within<br />

<strong>the</strong> Crime <strong>and</strong> Courts bill, which has been introduced today. The proposals being taken<br />

<strong>for</strong>ward include <strong>the</strong> introduction <strong>of</strong> part-time working to <strong>the</strong> High Court, Court <strong>of</strong> Appeal<br />

<strong>and</strong> <strong>the</strong> UK Supreme Court, as well as provisions that will enable <strong>the</strong> application <strong>of</strong> <strong>the</strong><br />

positive action provisions to judicial appointments. These proposals will definitely not<br />

however undermine <strong>the</strong> principle that all appointments will be made on merit.<br />

The overall effect <strong>of</strong> <strong>the</strong>se changes will be to achieve <strong>the</strong> proper balance between<br />

executive, judicial <strong>and</strong> independent responsibilities; improve clarity, transparency <strong>and</strong><br />

openness; create a more diverse judiciary that is reflective <strong>of</strong> society; <strong>and</strong> deliver speed<br />

<strong>and</strong> quality <strong>of</strong> service to applicants, <strong>the</strong> courts <strong>and</strong> tribunals <strong>and</strong> value <strong>for</strong> money to <strong>the</strong><br />

taxpayer, ensuring that our judiciary, which is already a byword <strong>for</strong> integrity, independence<br />

<strong>and</strong> excellence, evolves into a modern, outward-facing institution that is fit <strong>for</strong> <strong>the</strong> 21 st<br />

century <strong>and</strong> beyond.<br />

The House <strong>of</strong> Lords Constitution Committee report made reference to a majority <strong>of</strong> our<br />

consultation proposals <strong>and</strong> <strong>the</strong> comments <strong>of</strong> <strong>the</strong> Committee have been referenced within<br />

our consultation response. However, <strong>the</strong>ir report also made comment on a number <strong>of</strong><br />

issues that were not included within our consultation <strong>and</strong> as such I will be bringing <strong>for</strong>ward<br />

a Comm<strong>and</strong> Paper towards <strong>the</strong> end <strong>of</strong> May to respond to <strong>the</strong>se additional<br />

recommendations.<br />

The Right Honourable Kenneth Clarke QC MP<br />

Lord Chancellor <strong>and</strong> Secretary <strong>of</strong> State <strong>for</strong> <strong>Justice</strong><br />

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