CONTENTS
Terms of Reference
Executive Summary
Chapter 1: Introduction
The background to this inquiry
The scope of our inquiry
Taking our recommendations forward
Chapter 2: The constitutional framework
Constitutional principles
The Lord Chancellor
Box 1: The Lord Chancellor's power to reject
or request reconsideration of nominations
The proper extent of the Lord Chancellor's
role
The power to request reconsideration or reject
nominations
Shortlists
Parliament
Pre- or post-appointment hearings
Parliamentary participation in selection
panels
Parliamentary oversight of the judicial appointments
process
The Judicial Appointments Commission
The JAC's relationship with the Lord Chancellor
The JAC's relationship with Parliament
Judicial and lay representation on selection
panels
Chapter 3: Diversity
Table 1: Progress towards improving diversitywomen
and BAME judges
The constitutional significance of a diverse
judiciary
Barriers to a more diverse judiciary
Appointment on merit
The characteristics of merit
Box 2: The JAC merit criteria
Diversity as an aspect of merit
The threshold definition of merit
Section 159 of the Equality Act 2010
Quotas, targets and benchmarking
Leadership and the promotion of diversity
Flexible working
Increasing the pool of potential candidates
Solicitors
Government lawyers and prosecutors
The tribunals judiciary
Conclusion
Chapter 4: Appointment of the Lord Chief
Justice and the President of the Supreme Court
The role of the Lord Chancellor
The appointment of the Lord Chief Justice
The President and Deputy President of the
Supreme Court
Chapter 5: Supreme Court selection commissions
The overall composition of selection
commissions
Chairing the selection commissions
Judicial representation on the selection
commissions
Lay representation on the selection commissions
Chapter 6: The Judicial Appointments Commission
The size and composition of the JAC
The remit of the JAC
The appointment of deputy High Court judges
The appointment of non-legally qualified
tribunal members
Chapter 7: Post-appointment issues
Appraisals
Retirement age
Chapter 8: Summary of conclusions and recommendations
Appendix 1: Select Committee on the Constitution
Appendix 2: List of witnesses
Appendix 3: Summary response to the Government
consultation
Appendix 4: 2011 Judicial diversity statisticsgender,
ethnicity and profession
Evidence is published online at www.parliament.uk/hlconstitution
and available for inspection at the Parliamentary Archives (020
7219 5314)
References in footnotes to the Report are as follows:
Q refers to a question in oral evidence;
Witness names without a question reference refer
to written evidence.
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