Irvine starts reform of 'secret soundings'

The Lord Chancellor has conceded that the so-called secret soundings system for consulting on judicial appointments can be 'improved significantly', following a review of selection procedures for circuit judges and recorders.

The move could help solicitors who do not regularly appear in court to reach the bench.

A report issued last week by the Lord Chancellor's Department said that while Lord Irvine intends to continue with the consultation system 'at this stage', a series of measures are being introduced to make it 'more transparent, comprehensive, rigorous and criteria-directed'.

These include: reducing the list of those asked to comment automatically on all candidates to the 'best-focused minimum'; asking consultees to say how recently and how well they know the applicant's work; and allowing applicants to name up to six consultees, as well as giving them the chance to 'draw attention to aspects of their work and practice which they feel might reduce their visibility to the consultation community'.

The LCD will also review procedures for consultees who give views on behalf of groups or individuals 'to eliminate the scope for anonymous and unparticularised "hearsay" comments', and help consultees link responses more closely.

During the review, respondents expressed concerns about the quality of some consultation evidence and about the possibility that the current procedures are biased towards those who frequently appear as advocates in court.

The report noted that the wider use of appraisal systems and assessment centres would change the nature of the consultation process.

Both approaches were met with general favour by respondents.

Law Society chief executive Janet Paraskeva said: 'Improvements to the automatic consultation process are welcome so far as they go...

however, we do not believe they go far enough.

Automatic consultation is still regarded as inherently flawed and unfair by many applicants.'

She added: 'It remains our hope that objective methods of assessment of candidates' suitability and more rigorous assessment of their written applications will replace reliance on the opinions of third parties at pre-selection stage.'

Competitions for the circuit bench and recorderships were suspended in February 2002 to allow for the review.

They will now be restarted under revised rules.

By Neil Rose