Page 80 - Judicial Diversity Update report

lawyers and we note that a small number of government lawyers have been
appointed as Deputy High Court Judge and to the Upper Tribunal.
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Ensure ethnic, gender and social diversity on selection panels.

4.16. We applaud the progress made by the JAC in increasing the diversity of lay
panel members. As of April 2019, 67% of lay panel members are women, 9%
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are BAME and 14% have a disability. We do not have a similar breakdown
for the diversity of judicial members, who are selected by the judiciary rather
than the JAC.

4.17. Relatedly, we welcome the diverse composition of the JAC Advisory Group
that reviews selection materials to ensure that the content is not inadvertently
advantageous to candidates from a particular background. They are provided
with a guide on quality assurance of selection materials and are introduced to
JAC selection processes. We understand that test materials go through a series
of quality assurance processes, including review by the JAC Diversity team and
by the JAC Advisory Group, as well as dry runs with mock candidates. All
exercises have an Assigned Commissioner for oversight purposes, the
progression of target groups is monitored and interviews are observed. We have
reservations about whether lay people – even lay people from diverse
backgrounds – can provide the expert scrutiny required to identify and address
inherent bias in materials and processes. In our view, given the high failure rates
of particular groups, the processes need independent, specialist review and
analysis.

4.18. We endorse the JAC appointing the Work Psychology Group to assess its
processes, which has provided valuable insight into progression of various
groups through different stages of selection, albeit for a limited number of
exercises. Given the need to understand where and why minorities drop out
during selection processes, such expert analysis is critical. We are eager for the
results of the ‘deep dive’ into the reasons for the disproportionate failure of
minority groups in JAC exercises. We urge that this be undertaken in an open,
independent and speedy manner.

167 For example, Lesley Smith, who was appointed to the Upper Tribunal, and Rowena Collins Rice,
who was appointed as a Deputy High Court Judge.
168 ‘Judicial Appointments Commission (JAC) Diversity Update April 2019’, 2019, available online at
https://www.judicialappointments.gov.uk/sites/default/files/sync/news-documents/jac-diversity-
update-april-2019.pdf
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