The government has decided that legal executives will not be entitled to sit as judges on the Competition Appeals Tribunal (CAT), but can apply for other judicial appointments following a consultation earlier this year.

The Ministry of Justice (MoJ) accepted representations from CAT, the Lord Chief Justice and the Association of District Judges that the role was ‘more akin to a High Court post’, and therefore outside the expertise of legal executives. Proposed legislation will however allow fellows of the Institute of Legal Executives (ILEX) to apply for posts up to district judge level.

The Confederation of British Industry has attacked the proposals, fearing a watering down of standards and alleging a lack of experience of ILEX fellows when it came to them sitting on employment tribunals – a concern shared by the Department for Business, Enterprise and Regulatory Reform (DBERR). However, after ‘extensive’ discussions, the decision was taken to broaden the eligibility requirements for employment tribunals.

The responses formed part of the MoJ’s consultation, Tribunals, Courts and Enforcement Act 2007 – Eligibility for Judicial Appointment, which aims to broaden the field of legal professionals able to apply for posts within the judiciary.

Under the proposals, members of the Institute of Trademark Attorneys (ITMA) and Chartered Institute of Patent Attorneys (CIPA) could sit as chairmen and deputy chairmen of the copyright tribunal and in certain trademark appeals.

ILEX, ITMA and CIPA gave full support to the proposals, although ILEX’s president expressed disappointment that its members would not be eligible for district judge posts until 2010.

The decision to allow legal executives to apply for judicial roles is part of a drive to increase diversity within the judiciary. Around 75% of ILEX members are women and 13% are from black or minority ethnic backgrounds.

Gus Ghataura, law reform officer and parliamentary monitoring officer at ILEX, said: ‘Our ­main concern was with the employment tribunals but that was resolved in our favour.’

A JAC spokesman welcomed the reforms as widening the pool of eligible candidates and noted the pool would be renewed in two years’ time.