Judiciary: Public Appointments
The question
To ask the Secretary of State for Justice, with reference oral evidence to the Justice Committee on 10 June 2026 by Professor Lynne Berry, the Government's preferred candidate for Chair at Judicial Appointments Commission for England and Wales, HC 193, whether factors other than merit are taken into consideration for judicial appointments.
Answered by Sarah Sackman
The overriding principle, governed by the Constitutional Reform Act 2005, is that appointment to judicial roles must be solely on merit, together with consideration of good character and the need to encourage diversity.
In practice, merit is assessed through established, non‑statutory frameworks and structured selection processes, where the Judicial Appointments Commission evaluates candidates against a range of competencies in the Judicial Skills and Abilities Framework.
In line with the statutory framework, as introduced in the Crime and Courts Act 2013, consideration of diversity does not replace merit but, for appointments, may be considered only where candidates are assessed as being of equal merit.
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