Warby: Disability data lacking
The Judicial Appointments Commission (JAC) is actively exploring whether disability could be added to the ‘equal merit’ approach to the selection of judges, its vice-chair said this week.
But Lord Justice Warby, the senior judicial commissioner, said the supporting data was not clear.
The provision means that, where the JAC decides that two or more candidates in a selection exercise are of ‘equal merit’, it can give priority to candidates on the basis of ethnicity and gender.
Speaking at a Westminster Legal Policy Forum seminar on Next steps for equality, diversity and inclusion in the legal profession, Warby LJ recounted how the JAC said in a strategy document last year that it was in the process of “ascertaining if a suitable evidence base exists” to expand the ‘equal merit’ rule to other under-represented groups, such as those with disabilities.
However, “the stats for disability within the profession are a little weak and deficient” because “one has problems with declaration and we don’t have a historic record of people being even asked”.
He went on: “We’re exploring that, but we haven’t yet focused on which under-represented groups we’re going to expand to. Disability is one that is under consideration.”
The JAC’s 2023-24 figures showed that 50% of new entrants to fee-paid and salaried posts in the judiciary were women, and 13% from ethnic minorities.
Although ethnic minority representation in JAC appointments had “increased consistently year on year”, there were “some disparities” and the rate of appointment of Black lawyers was “persistently low”.
For non-legal tribunal posts in 2023-24, ethnic minority appointments made up 39% of JAC recommendations, “which of course is far beyond their representation in the population or the pool”.
Warby LJ went on: “The statistics give us a broad idea of the direction of travel over the last decade and where we are now and there are some real positives, though there are some pockets of difficulty that we have to recognise and deal with.
“There are two current issues in particular. First of all, there has been an improvement in the diversity statistics for women, but it’s important to note that, as we’ve heard earlier, representation has been slower to increase in the higher salary band roles.”
The proportion of women being appointed as tribunal judges rose from 43% to 53% between 2014 and 2024, and court judges from 24% to 38%.
“This is still low, but it’s a big increase – progress needing to be made, but some progress made.”
