Encouragement of diversity
“The law, the legal profession and the courts are there to serve the whole population, not just a small section of it. They should be as reflective of that population as it is possible to be.”
Baroness Hale of Richmond | Former President of the Supreme Court of the United Kingdom
The Judicial Appointments Board for Scotland (JABS) is committed to ensuring that all selection processes are fair and open and that all applicants receive equal treatment. JABS has an obligation set out in Section 14 of the Judiciary and Courts (Scotland) Act 2008 (‘the 2008 Act’) which states:
“In carrying out its functions, the Board must have regard for the need to encourage diversity in the range of individuals available for selection to be recommended for appointment to a judicial office”
This section however is subject to Section 12(2) of the 2008 Act which says that "selection must be solely on merit".
JABS recognises that ‘diversity’ is more than just protected characteristics. We encourage applications from the widest possible range of applicants regardless of age (subject of course to applicants meeting the eligibility requirements for roles), sex (as defined by the Supreme Court of the United Kingdom in the decision of For Women Scotland Ltd v The Scottish Ministers) disability, gender identity or reassignment, marital or civil partnership status, race, religion or belief system, sexual orientation or socio-economic background.
As part of the recruitment process, we collect anonymous diversity information from applicants. This information is not used at any point during the assessment or interview stages of a competition.
It is after the competition concludes that the diversity information is collated and shared with the panel and Board who then consider how it can be used to help future inform competitions. This could be by way of increased stakeholder engagement, or by holding specific outreach events for various demographics we may identify a need to better connect with.
The diversity information collected is also published in our annual reports which are available to read on the JABS website.
Part of JABS approach to the encouragement of diversity is outreach and engagement with various stakeholders, and has set up a Diversity Reference Group, chaired by a JABS Board member, which includes representatives from organisations such as the Law Society of Scotland, the Faculty of Advocates, Society of Solicitor Advocates, Judicial Office and members of the judiciary. This group meets to discuss matters surrounding judicial diversity and provides feedback valuable feedback to JABS.
This engagement helps JABS understand where there are areas of underrepresentation, gives us the opportunity to learn more about the attitude of these underrepresented groups toward judicial office and gives us insight into whether there are any barriers, real or perceived, which are preventing members of these groups from applying for judicial office.