'Significant' flaws in appointment system

The system for appointing judges and QCs lacks transparency and does not do enough to promote a more ethnically diverse judiciary, a strong first annual report by the Commission for Judicial Appointments has concluded.

It said there were 'a number of significant respects' in which the system could be improved.

The report found there is no clear 'audit trail' in the appointment process, with officials often failing to record why a candidate was or was not selected.

It said many consultees - senior judges and leaders of the legal profession - failed to indicate how recent their experience of the candidate was, or how well they knew the candidate's work.

Many also did not give proper explanations for their comments.

The commission - chaired by Sir Colin Campbell - also criticised the 'overwhelming' white male social background of the judiciary.

It said: 'We have not seen sufficient evidence to be satisfied that the procedures for judicial appointments do enough to promote cultural diversity.'

Commission member Millie Banerjee told the Gazette that the lack of diversity was an undeniable problem.

'The facts are clear - most of the judiciary is made up of white men from a very narrow social background,' she said.

'The problems with the consultation process are also clear to us, but how to solve these problems is more complex.'

She said they had found no evidence of an old boys' network, however.

The report also noted concerns about the role of the Lord Chancellor, a government minister, in deciding which private lawyers should have a 'quality kitemark'.

Ms Banerjee said this was not in the commission's remit, but admitted it was an issue being openly discussed and the commission wanted a proper debate.

Law Society President Carolyn Kirby welcomed the report's publication.

'Some of the concerns raised in the report about current flaws in the procedures mirror concerns expressed by the Society over many years, particularly that applicants from non-traditional backgrounds have more barriers to overcome in achieving judicial appointments,' she said.

Lord Irvine said the commission's work added a new dimension and impetus to the developments and improvements to the system which were already under way.

By Victoria MacCallum