‘Barriers’ stop women and minority candidates

FLEXIBLE working patterns are among a range of measures being considered to encourage more female and ethnic minority candidates to become judges.

Women and minorities still face an uphill struggle to become judges in Scotlands courts. Picture: TSPL

A number of proposals have been outlined by the Judicial Appointments Board for Scotland (Jabs) which said more had tobe done to tackle “existing barriers”.

In a report published today, the body recommends examining part-time or flexible working patterns, as well as promoting positive role models to encourage prospective candidates.

It also proposes judicial mentoring or shadowing in court and “targeted outreach” to encourage applications from under-represented groups.

There is also a proposal to move away from a Scotland-wide appointment to an appointment for individual sheriffdoms.

Sir Muir Russell, who chairs the board, said: “Everyone agrees that judicial appointments should be made on merit. However, we know that there is increasing importance placed on diversity of representation, not just in employment but on the boards of companies and in public appointments.

“It is essential that our judges are respected for fairness and justice in their decision making, regardless of their gender or background.

“That said, we believe that we need to tackle existing barriers, whether real or perceived, and consider what can be done to encourage a wider pool of candidates to consider applying for judicial posts.

“We also want to dispel some of the myths that persist around judicial appointments, such as the idea that you need the right connections or there is a preference for advocacy skills over decision-making skills.

“In reality it is an independent selection process which has been designed to test a range of competencies, with all recommendations to Scottish ministers made solely on merit.”

The Judicial Office for Scotland is working in partnership with the Law Society of Scotland and Faculty of Advocates.

Alistair Morris, president of the Law Society of Scotland, said there was a need for greater training and support to be offered to “would-be judges”.

He said: “There has been significant work done since last year’s conference and the proposals outlined in today’s report provide further food for thought on how we can work towards increasing diversity.

“Removing any unnecessary barriers, improving the application process and increasing the support and training available for would-be judges will also help to encourage a wider range of candidates not only to apply for judicial posts, but succeed in their application.”