Select Committee on Constitutional Affairs Written Evidence


Third supplementary memorandum submitted by the Judicial Appointments Commission

HIGH COURT DIVERSITY STATISTICS

  I regret that I am not able to give evidence in person at the session on Wednesday 20 June. I would have been available on 27 June. The Commission will be represented by Commissioners, Ms Sara Nathan and Professor Dame Hazel Genn, and by the Chief Executive, Clare Pelham.

  When I gave evidence to you on 20 March, I said we would be able to give you the diversity statistics for the High Court Selection exercise once the exercise was closed, but that the Commission was still determining the definition of "closed".

  The High Court selection exercise was conducted under section 94 of the Constitutional Reform Act 2005 by which the Commission seeks to provide the Lord Chancellor with a list of persons it has identified for selection for future appointment. We have concluded that such an exercise is closed for our purposes once the Commission has selected the names for inclusion on the list and forwarded it to the Lord Chancellor. The other important consideration is that all candidates should know the outcome.

  We are satisfied that the above criteria have been met for the High Court exercise so I am pleased to attach the diversity breakdown at Appendix A. The application figures are disaggregated into the agreed four diversity factors, and by each key stage of the process.

  As the JAC process is new, it is difficult to compare figures exactly with the 2005 DCA-run High Court exercise. In terms of applications, there were 129 applicants in the 2005 exercise and 144 applicants in the 2006-07 exercise. According to the current statistics on the MOJ website, the Lord Chancellor has appointed eight candidates from the 2005 recommended list. The names of a further 10 candidates who have been selected for appointment by the Lord Chancellor from the DCA list have also been publicly announced. The attached diversity breakdown for all 18 appointments by the Lord Chancellor is at Appendix B. Our selection exercise is only at the stage where a recommended list of 21 names has been selected, so it is not possible yet to say how many appointments will then be made from that list.

  The High Court statistics have not yet been put into the public domain but I am pleased to be able to let you have them in advance of the hearing on 20 June. We will place them on our website on the morning of the hearing.

Baroness Prashar

Chairman

19 June 2007

Appendix A

JAC RUN EXERCISE: FIGURES PROVIDED BY JAC
00267: High Court 2006-2007
Stage of ExerciseGenderNo %Ethnic BackgroundNo %DisabledNo %
Professional BackgroundNo %


Eligible Applicants
Men 12385.42White 14097.22Disabled 85.55Solicitor 74.86
Women21 14.58BME3 2.08Not Disabled/ Not provided 13694.45Barrister 9465.28
Not provided0 0Any other0 0 Salaried Judicial Post Holder431 29.86
Not provided10.69 Other/ Unknown 00


Shortlisting
Men 4477.19White 5698.25Disabled 47.02Solicitor 00
Women13 22.81BME1 1.75Not Disabled/ Not provided 5392.98Barrister 4375.44
Not provided0 0Any other0 0 Salaried Judicial Post Holder142 24.56
Not provided0 0Other/ Unknown 00


Section 94 list
Men 1885.71White 21100Disabled 00Solicitor 00
Women3 14.29BME0 0Not Disabled/ Not provided 21100Barrister 1676.19
Not provided0 0Any other0 0 Salaried Judicial Post Holder53 23.81
Not provided00 Other/ Unknown 00


Explanatory Notes

1 Of the 43 salaried judicial postholders who applied, 33 have a barrister background, 8 have a solicitor background and 2 have a barrister and solicitor background.

2 Of the 14 salaried judicial postholders who were shortlisted, 11 have a barrister background, 2 have a solicitor background and 1 has a barrister and solicitor background.

3 Of the 5 salaried judicial postholders on the Section 94 list, all have a barrister background.

Appendix B

DCA RUN EXERCISE: FIGURES PROVIDED BY MINISTRY OF JUSTICE

High Court 2005
Stage of ExerciseGender

No

%Ethnic Background

No %Professional Background*No %


Eligible Applicants
Men 11085.94White British 1192.97Solicitor 75.47
Women18 14.06White other4 3.12Barrister121 94.53
Mixed10.78 Salaried Judicial Post holders38 29.69
Unknown43.12


List considered for vacancies
Men4586.54 White British5096.15 Solicitor47.69
Women7 13.46White other1 1.92Barrister48 92.30
Mixed00 Salaried Judicial Post holders13 25
Unknown11.92


Appointed
Men 1688.89White British 18100Solicitor 00
Women2 11.11White other0 0Barrister18 100
Mixed00 Salaried Judicial Post holders3 16.67
Unknown00


Footnotes

The ethnic backgrounds listed below are the only ones in which applicants made entries.

* Professional background figures will amount to more than the total for each stage due to Salaried Judicial Post holders being made up of already counted barristers and solicitors.



 
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