Equal Justices Initiative News and Events

March 2012

House of Lords Constitution Committee publishes report on judicial appointments

The House of Lords Constitution Committee has published its report on Judicial Appointments. It concludes that a more diverse judiciary would improve public trust and confidence in the justice system. It makes a number of references to the written evidence submitted by Equal Justices Initiative (and to EJI members' individual submissions).

The Committee set out a number of recommendations to improve diversity. These include:

  • The Lord Chancellor and Lord Chief Justice should have a duty to encourage diversity amongst the judiciary as the Judicial Appointments Committee (JAC) does currently.
  • While appointment based on merit is vital and should continue, the Committee supports the application of section 159 of the Equalities Act 2010 to judicial appointments. This would allow the desire to encourage diversity to be a relevant factor where two candidates are found to be of equal merit.
  • Opportunities for flexible working and the taking of career breaks within the judiciary should be made more widely available to encourage applications from women and others with caring responsibilities.
  • There needs to be a greater commitment on the part of the Government, the judiciary and the legal professions to encourage applications for the judiciary from lawyers other than barristers. Being a good barrister is not necessarily the same thing as being a good judge.
  • While the Committee does not currently support the introduction of targets for the number of BAME and women judges, it says this should be looked at again in five years if significant progress has not been made.

Read the full report and see a video of Baroness Jay discussing judicial appointments.

March 2012

'Guarding the Guardians' Diversity Report published

This insightful and important report, written by Alan Paterson and Chris Paterson, argues that senior judicial appointments including those to the Supreme Court are in need of significant reform.

February 2012

EJI response to MOJ consultation

The Ministry of Justice has been consulting on amendments to the statutory and regulatory frameworks for judicial appointments, together with improving judicial diversity. The Equal Justices Initiative submitted a response to the Consultation in which we argued that the are piecemeal and narrowly focused. In particular, the aims of achieving an appropriate balance between executive, judicial and independent roles and responsibilities, improving diversity, and ensuring an efficient and cost-effective selection process are treated separately, as if they did not interact with each other or operate cumulatively. We suggested that it would be preferable to formulate an overall position incorporating all three aims, and then the answers to the specific questions would flow from that position. This position might be:

  • All judicial appointments should involve a selection panel that is gender-balanced, and that includes adequate provision for all other protected characteristics, as well as lay representation.
  • Where multiple appointments are to be made, the list of recommendations must include at least 40% of each sex and at least 10% BME and 10% disabled members.
  • Where a single appointment is to be made, the selection panel must present a shortlist of 3 names, which must contain the names of at least one man and at least one woman, to the Lord Chancellor, who shall make the ultimate decision on the appointment.

Read the full EJI response to MOJ consultation.

December 2011 

Two - male - SC appointments

The appointment of two new Justices - Lord Reed and Lord Justice Carnwath - to the UK Supreme Court has been announced. The appointment of two more men to the Supreme Court means that Baroness Hale continues to be the only woman on the court. Baroness Hale was appointed to what was then the House of Lords in 2004 and has been the only woman on the Supreme Court since it opened in October 2009.

November 2011

MOJ announces consultation on judicial appointments process

The Ministry of Justice has announced a consultation on proposed amendments to the statutory and regulatory frameworks for judicial appointments, together with improving judicial diversity. Although the principle of appointment on merit will remain, the changes will enable clear career progression and flexible working arrangements to encourage applications from previously untapped talent pools.The consultation will close on 13 February 2012. View justice.gov.uk/consultations for more information.

November 2011

MoJ Consultation on Judicial Appointments and Diversity

The Ministry of Justice has published a consultation 'Appointments and Diversity: A Judiciary for the 21st Century' on proposed amendments to the statutory and regulatory frameworks for judicial appointments, together with improving judicial diversity. The consultation seeks views on a wide range of issues including whether when considering two candidates of equal ability, there could be a presumption in favour of selecting the person from an underrepresented group and the role of the Lord Chancellor in Judicial Appointments. You can read and respond to the consultation on www.justice.gov.uk/consultations

1 November 2011

House of Lords Constitutional Committee publishes written evidence in judicial appointments inquiry

The House of Lords Constitutional Committee has published the written submissions received in relation to the Judicial Appointments inquiry. This includes evidence from the Equal Justices Initiative as well as  from EJI executive committee members Kate Malleson, Lizzie Barmes, Erika Rackley and Les Moran (who contributed to the InterLaw Diversity Forum for Lesbian, Gay, Bisexual and Transgender (LGBT) Network submission). Read the 'Judicial Appointments Process Written Evidence'.

4 July 2011

'EJI submits written evidence to the House of Lords Select Committee on the Constitution inquiry into Judicial Appointments'

The House of Lords Constitutional Committee is currently inquiring into Judicial Appointments. The EJI submitted written evidence to the Committee.

16 May 2011

Listen to Dr Erika Rackley on BBC Radio 4's Woman's Hour talking about judicial diversity.

Erika argues that targets should be set for increasing the representation of women judges and that gender, as with other factors such as ethnicity, background, religion and age, does make a difference. Listen to Dr Erika Rackley on BBC Radio 4.

May 2011

Two - male - appointments to the UK Supreme Court

After weeks of speculation the appointment of Lord Justice Wilson and Jonathan Sumption QC to the UK Supreme Court has finally been announced. Though both candidates are clearly very able and likely to become great judges, the Equal Justices Initiative is disappointed that the members of the selection commission didn't take the opportunity to increase the diversity of the UK Supreme Court bench. It looks like Baroness Hale will continue to be the only female Justice of the Supreme Court for some time yet. Read comments on the appointments from Kate Malleson and Erika Rackley (EJI Executive Committee members).

15 April 2011

'We need a more diverse Supreme Court'

Read Erika Rackley on the possible Supreme Court appointments - Guardian Online 29 March 2011

27 March 2011

Kate Malleson on the Supreme Court nominations

8 March 2011

International Women's Day 1911 to 2011

Listen to Professor Kate Malleson's podcast for International Women's Day on the triumphs and struggles of women in the legal sphere and the ongoing fight for gender equality. International Women's Day Podcast [MP3 4.08 MB]

12 November 2011

'Launch of Feminist Judgment Project publication'

Feminist Judgments: From Theory to Practice was launched by The Right Honourable Lady Hale DBE, Justice of the Supreme Court of the United Kingdom, at a well-attended event held at Matrix Chambers, Gray's Inn, on 11 November 2010. Members of the judiciary, practitioners, women's advocates and academic colleagues joined participants in the Feminist Judgments Project in celebrating the book's publication. In her speech, Lady Hale addressed the question of whether it is possible to be both a judge and a feminist, and concluded that it would be a sorry world in which this was not possible. Richard Hart spoke of his pleasure in being the publisher of the book, and Rosemary Hunter thanked all those who had contributed to the project and the publication.

17 September 2010

Lady Hale stresses the need for greater diversity in the Supreme Court

In an interview for the Supreme Court Blog, Lady Hale, referring to herself as ‘Ms Diversity’ ,comments that she is ‘quite embarrassed to be the only Justice to tick a lot of the diversity boxes’. She argues that: ‘The most obvious barrier to the progression of women in the judiciary is that high judicial office has been reserved to those with successful careers as barristers.... The barrier is very much still within the legal profession itself.’ Read the full interview on ukscblog.com

10 September 2010

Dame Jill Black appointed to Court of Appeal

On 1 June 2010 Dame Jill Black was appointed to the Court of Appeal, having previously sat in the Family Division of the High Court. Her appointment brings the total number of women in the Court of Appeal to four. However, this still represents less than 12 percent of the membership of the Court. See the full membership of the Court of Appeal at judiciary.gov.uk

10 August 2010

Elena Kagan appointed to US Supreme Court

The Equal Justices Initiative (EJI) welcomes the appointment of Elena Kagan to the USSC. Kagan is the fourth woman to be appointed to the court and brings the total of women on the US Supreme Court bench, for the first time, to three. This is in stark contrast to the position of the UK Supreme Court where Baroness Hale continues to sit alone some six years after her appointment to the (then) House of Lords. The EJI hope that those looking to fill the current vacancy on the UK Supreme Court arising from the retirement of Lord Saville will recognise the importance of ensuring that the next appointment contributes towards the creation of the diverse Supreme Court bench that democracy, equality and equity requires. Read about Elena Kagan's appointment on bbc.co.uk

30 July 2010

'New figures show slow progress on appointing women judges over the last ten years'

'The Ministry of Justice has publishes a statistical digest of judicial appointments of women and BME candidates from 1998/99 to 2008/09.

The figures reveal some increase in the proportion of women applying and appointed to the lower ranks of the judiciary but very little change at the higher levels. The Ministry also stresses that the figures must be treated with caution as they are generally too small to be statistically significant. It also notes that it is not possible to tell whether the changes are related to the creation of the JAC or simply a continuation of previous trends.

Despite the relatively limited nature of the findings, it is positive that the Ministry has put together this data which is a useful contribution in the process of gathering reliable information on diversity in judicial appointments.'

See the statistics on judicialappointments.gov.uk

5 July 2010

'Appointment of new Supreme Court Justice a missed opportunity’ 

Professor Rosemary Hunter writes in the Barrister Magazine on the recent failure to appoint a second woman to the UK’s top court. Read Professor Hunter's article [pdf 145kb]

7 June 2010

Lady Hale elected President of the International Association of Women Judges

We are delighted to learn that Lady Hale has been elected President of the International Association of Women Judges. Lady Hale was instrumental in setting up the UK Association of Women Judges and has long been a champion of bringing women (and male) judges together to talk about legal issues affecting women and women judges. In a Supreme Court press release Lady Hale commented that: ‘The work and achievements of the Association in promoting global communication on gender issues between members of the world’s judiciaries have been remarkable. Women judges are in a unique position to recognise and uphold the rights of women through the world’s diverse judicial systems.’

10 May 2010

Elena Kagan nominated to US Supreme Court

The Equal Justices Initiative (EJI) welcomes the news that President Obama has nominated Elena Kagan to the USSC. If appointed, she will become the third woman out of nine justices on the court. In light of the recent controversy surrounding the application of Jonathan Sumption QC for appointment to the UK Supreme Court, we note that the President has evidently considered qualifications other than prior judicial experience to be important in the nomination. While there remains one lone woman on the UKSC, we hope the new government will have the courage to fill the next vacancy on the Supreme Court in the same way.

29 March 2010

EJI responds to Report of the Advisory Panel on Judicial Diversity

Download the EJI response to the Report of the Advisory Panel on Judicial Diversity’ [PDF 100kb]

23 March 2010

Appointment of Supreme Court Justice

Sir John Dyson has been appointed as the twelfth member of the Supreme Court. While Sir John is a first-rate judge and is undoubtedly well-qualified to join the Supreme Court, it is deeply disappointing to see that the opportunity has been missed to appoint a second woman to the Court. Mary Arden was, apparently, short-listed for the post and would have equally been an excellent choice. Given the fact that Brenda Hale remains the only woman appointed to the UK's top court, having occupied this position since 2003, the need to improve the gender balance of the bench should have been a significant factor in deciding between the very strong candidates on the short-list.

2 March 2010

The Report of the Advisory Panel on Judicial Diversity published on 26 February 2010. 

The report recommends a number of reforms, including the creation of a Judicial Diversity Taskforce. It calls for a 'fundamental shift in approach from a focus on selection processes towards a judicial career that addresses diversity at every stage.'

18 February 2010

Association of Women Solicitors campaign to encourage more solicitors to apply for judicial and public office   

28 October 2009

Supreme Court opens with only one female member

The new UK Supreme Court opened in October 2009. Only one member of the Court is a woman. Lady Brenda Hale was appointed to the predecessor of the Supreme Court, the Appellate Committee of the House of Lords in 2003, the first and only female Law Lord. An opportunity to appoint a second female Supreme Court Justice will arise when a current vacancy on the court is filled.

Biographies of the Justices can be found on the Supreme Court website.

October 2009

Linda Dobbs is still the only female lawyer from a BME background to be appointed to the High Court bench

Linda Dobbs was appointed to the High Court Bench in October 2004. In 2009 she is still the only female lawyer from a BME background to be appointed to the High Court Bench.

Linda was appointed to the Queens Bench Division in September 2004 having taken Silk in 1998.  She takes an active interest in diversity initiatives in the judiciary and gives generous amounts of her time to mentoring and advising students, trainee lawyers and practitioners from BME backgrounds.