I am pleased to present this, the third Judicial Appointments Annual Report, containing detailed information and comprehensive statistics for appointments to the professional judiciary, lay magistracy and Queen's Counsel between April 2000 and March 2001. The Report also gives details of recent developments in the appointments process. Taken together the three Annual Reports show just how much was achieved during the last Parliament to modernise and reform the appointments systems. I intend to continue that process of modernisation and reform and will look imaginatively at ways to increase diversity in the judiciary while ensuring the highest possible quality of appointments based on merit.
While my officials in the Court Service and beyond and members of other Departments and organisations work hard to administer the justice system, to many, especially those who use the courts infrequently or not at all, the justice system is personified by the judiciary. It is vital, therefore, in order to maintain public confidence in the justice system, that confidence in the appointments process is sustained and that we continue to appoint high quality judges. For this reason I have taken action to make the appointments system more open and accessible. This is shown of course through the publication of this Report but also in the provision of information to a wide variety of audiences through literature, my Department's website and through a programme of events around the country which you can read about later.
I know that there remains a perception of judges being old, white, male former barristers. I am the first to admit that we need to increase diversity on the Bench but this Report shows how things are changing. In 2000/2001 28.4% of judicial appointees were women and nearly 7% were of ethnic minority origin. These are encouraging figures and compare favourably with the proportions of women and ethnic minority practitioners in the field for appointment. Yes, more needs to be done but I think we can be proud of our achievements so far.
Last year I mentioned how pleased I was that Sir Leonard Peach in his scrutiny of the appointments procedures had commented favourably on the quality of the system and of work already being done. I recognised also the importance of implementing Sir Leonard's recommendations to ensure that those procedures were developed and improved. This Report gives details of the work that has been done and is still being done to implement the Peach Report, including the appointment of the First Commissioner for Judicial Appointments.
I was delighted that Sir Colin Campbell accepted the position as First Commissioner in March. Sir Colin will be assisted by a number of Deputy Commissioners. They will exercise a fully independent role advising me on any aspect of the appointments process they choose. I welcome the establishment of this Commission which, as Sir Leonard said, will add an important new independent dimension to the system, providing additional credibility and confidence. Sir Colin's first annual report will be included in the Judicial Appointments Annual Report next year.
I continue to hear the calls for the creation of an independent judicial appointments commission with a wider responsibility, to advise on or actually itself make individual judicial appointments, and I have not ruled out further reform for the future. However, the arguments in favour of such change are not clear-cut and I prefer to wait until after the First Commissioner has presented his first annual report to see whether it is a sensible course to follow to go out to consultation on the possibility of an appointments commission with more than a supervisory role.
The importance of judicial appointments can best be seen by how much interest there has been in the system from many quarters during the last year. I am always interested in what people think about the system and I welcome suggestions as to how we can improve it. However, it disappoints me how many comments and suggestions are based on a misunderstanding of the current system or a belief in the many false rumours and misconceptions about it which continue to circulate. I urge all interested parties to take the time to read this Report to learn what really happens, and not what they think happens, in the judicial appointments system. Then we can have a truly informed debate about the future of that system.
The Right Honourable the Lord Irvine of Lairg
October 2001
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