MINISTRY OF JUSTICE
News Release (134/07) issued by The Government News Network on 5
November 2007
The convention
that former judges cannot return to practice as barristers or
solicitors will remain, following a government consultation.
Lord Chancellor and Secretary of State for Justice Jack Straw
considered the arguments both for and against return to legal
practice. In response to the consultation paper on what safeguards
and conditions would be necessary to allow this, he is not
persuaded that lifting the conventional prohibition would increase
diversity of the judiciary.
A consultation paper invited suggestions as to how the judiciary
in England and Wales might be made more reflective of today's
society, while continuing to make judicial appointments based
solely on merit.
Jack Straw said:
"The Government consulted widely, considering the arguments
both for and against allowing former salaried judges to return to
practice. I do not believe there is sufficient evidence that this
would achieve a more diverse judiciary and that therefore the
arguments against this change outweigh those for. This proposal
will not therefore be implemented.
"Increasing the diversity of the judiciary is of great
importance and I will continue working with Lord Chief Justice
Lord Phillips and the Judicial Appointments Commission on the
jointly agreed Judicial Diversity Strategy published in May 2006
and the activity underway to support it."
Notes to Editors
1. A consultation paper, Increasing the Diversity of the
Judiciary, was published in October 2004, and a summary of
responses to this published in March 2005 at http://www.dca.gov.uk/consult/judiciary/diversitycp25-04.htm
2. The Judicial Diversity Strategy was jointly agreed by the Lord
Chancellor, Lord Chief Justice and chairman of the Judicial
Appointments Commission and announced to Parliament by way of
written Ministerial Statement on 17 May 2006 at http://www.dca.gov.uk/publications/reports_reviews/judicial_diversity_strat.pdf
3. The strategy has four strands, which seek to:
* Promote judicial service and widen the range of people eligible
to apply for judicial office
* Encourage a wider range of applicants. To ensure the widest
possible choice of candidates for selection
* Promote diversity through fair and open processes for selection
to judicial office solely on merit
* Ensure that the culture and working environment for judicial
office holders encourages and supports a diverse judiciary and
increases understanding of the communities served
4. The consultation paper 'Return to Practice, Conditions
and Safeguards' was published in September 2006, with
consultation closing in December 2006 http://www.dca.gov.uk/consult/rpractice/cp1506.htm
5. A summary of the responses received has been published today
at http://www.justice.gov.uk/publications/closedconsultations.htm
6. The proposal would have required a change of judicial terms
and conditions which, whilst continuing to be a matter for the
Lord Chancellor, is an area on which he would consult the Lord
Chief Justice, under the Constitutional Reform Act 2005 arrangements.
ENDS.
News Release
http://www.justice.gov.uk