Harman Urges More Diverse Judiciary In UK

by Robin Pilgrim, LawAndTax-News.com, London

14 March 2007

Speaking at a Law Society seminar on Monday, the UK's Constitutional Affairs Minister, Harriet Harman argued that government efforts to create a more diverse judiciary can only move forward if there is more progress in the recruitment policies of law firms.

Ms Harman observed at the Law Society event to encourage solicitors to become judges that:

"We need to find ways to attract women and men from a wider range of backgrounds to the law as a career. Until the profession itself is more diverse, the scope for a more diverse judiciary is constrained."

"The impetus has also to come from the law firms themselves. There has to be a commitment from within. There is still a lot of work to be done to ensure diversity is taken seriously within the legal profession."

She continued:

"In the 21st Century a key institution like the judiciary must be reflective of the population it serves. The judiciary will be more fit for a modern society when it includes, particularly on the higher bench, more women, black, Asian and minority ethnic judges."

By mostly selecting judges from certain backgrounds, the justice system was missing out on a pool of people with the necessary talent and skills for judicial office, she argued.

Commenting on progress made by the government in increasing diversity, the Constitutional Affairs Minister revealed that recently published figures have shown that the number of women judges has increased from 14% to 18% since 1999. Black and ethnic minority judges have increased from 5% to 17% in that time.

In addition, she told those attending the seminar, the Constitutional Reform Act 2005 transferred responsibility for judicial appointments from the Lord Chancellor to an independent Judicial Appointments Commission (JAC), bringing greater transparency to the appointment process.

The Tribunals Courts and Enforcement Bill currently going through the Houses of Parliament includes clauses to extend eligibility for judicial office. This will create a more level playing field for solicitors and barristers by changing the emphasis from rights of audience to post qualification legal experience. It will also widen the pool of applicants by extending eligibility to legal executives, patent agents and trademark attorneys for certain judicial posts..

The Department for Constitutional Affairs is also encouraging the top 100 law firms and chambers to publish their diversity data. Seven of the major law firms have signed up to a five-point action plan to promote diversity and judicial service within their firms.

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