Whitehall pledges diversity in judicial appointments

The government this week accepted that legislation creating its proposed judicial appointments commission (JAC) must explicitly impose a commitment to diversity, after calls by a parliamentary select committee.

The Department for Constitutional Affairs (DCA) report - responding to criticisms levelled by the constitutional affairs committee at the supreme court and JAC proposals - also said the JAC should be responsible for defining 'merit'.

Merit is the key criterion for appointing judges under the proposals.

Originally, the government intended that the secretary of state for constitutional affairs should define it.But the DCA rejected a quota system to ensure a Northern Irish and Scottish presence in the court.

The report said: 'The overriding principle by which judges will be appointed to the court is by merit, but with regard being given to the need to ensure the court has available to it experience and expertise from each jurisdiction.'

The report also rejected the suggestion that the chairman of the JAC should be a judge, saying that the role would be too time-consuming and was better suited to a layman.

The government admitted that the way the original consultation was launched last year - without prior advice from the judiciary - 'might have been improved'.

Makbool Javaid, an employment partner at City firm DLA and a former chairman of the Society of Black Lawyers, said: 'I welcome the fact that the commitment to diversity will be enshrined in the legislation.

It is also good that the report says that the JAC will advise government generally on how to broaden diversity.

Much can be done - and needs to be done - for example to encourage women to apply for judicial positions.

Jeremy Fleming