Page 13 - Judicial Diversity Update report
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they  can  discuss  particular  aspects  of  a  case  before  them.  The  narrow
            demographic  of  the  existing  judiciary  inevitably  leads  to  a  narrowing  of
            experience and knowledge. Ensuring a diverse range of perspectives requires
            looking  beyond  appointments  primarily  from  the  independent  Bar  and
            recruiting  individuals  with  diverse  professional  backgrounds  –  solicitors,
            Chartered Legal Executives, academics and government and in-house lawyers.
            Not only do these pools tend to be more diverse in terms of ethnicity, gender
            and social background, but their different training and practical experience will
            also result in valuable cognitive diversity.

       1.13.  The consequence of not recruiting from a wide enough pool is necessarily that
            the  institution  is  not  benefiting  from  the  best  available  talent.  As  Lord
            Neuberger has asked: “why are 80 per cent or 90 per cent of judges male? It
            suggests,  purely  on  a statistical  basis, that  we do  not  have the  best  people
            because there must be some women out there who are better than the less good
            men  who  are  judges.”   The  same  is,  of  course,  true  in  relation  to  other

       1.14.  Finally, changing the make-up of our courts is vital to ensure fairness.  It is
            important that structural and hidden barriers to appointment are removed and
            that  our  judges  are  selected  through  fair  selection  processes  that  do  not
            inadvertently  disadvantage  or  advantage  certain  demographic  groups.
            Significant  overrepresentation  of  a  certain  group  calls  into  question  the
            objectivity of the current system and its ability to recruit varied talent. Talented
            individuals  need  to  be  given  effective  opportunities  to  demonstrate  their
            abilities  and  realise  their  potential.  The  very  existence  of  a  more  diverse
            judiciary  will  serve  to  encourage  a  broader  range  of  applicants  for  future
            judicial appointment.

       9  House of Lords Select Committee on the Constitution, Oral evidence, 16 November 2011, Qu 251,
       cited  in  E.  Rackley,  Women,  Judging  and  the  Judiciary:  From Difference  to  Diversity,  (Routledge
       Cavendish, 2012), p.193.
       10  Helen Mountfield has recently noted “on the assumption that legal aptitude is broadly equally
       distributed between men and women, between people of different racial groups and different social
       backgrounds, we are obviously missing out if we end up only with a particular sub-set of them.” See:
       Judicial Diversity: Speech for Canadian Judges, Queen’s College Cambridge, 2 July 2019, page 24.
       11  C. Thomas, Judicial Diversity in the UK and Other Jurisdictions, A Review of Research, Policies
       and Practices, The Commission for Judicial Appointments, November 2005, available online at
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