Judicial appointments system is too secretive, says inquiry

The centuries-old system for the appointment of judges and QCs is secretive and open to accusations of sex and race discrimination, an independent inquiry has concluded.

The findings, to be published this autumn, will add to growing pressure on the Lord Chancellor, Lord Irvine of Lairg, to abandon the present process for choosing judges and QCs and replace it with a wholly independent judicial appointments commission.

In his first report into the judicial recruitment system, Sir Colin Campbell will criticise the controversial practice of taking "secret soundings", in which judges and senior lawyers are consulted on the suitability of candidates for jobs on the bench. Sir Colin, appointed as the first Lay Commissioner for Judicial Appointments by Lord Irvine last year, is concerned that few judges give reasons for their opposition to the appointment or promotion of some applicants. This, he says, could give the impression that unsuccessful candidates are victims of prejudice.

His report will highlight cases in which lawyers have been unfairly treated in their quest to join the bench or take silk. Over the past 12 months, Sir Colin, a senior academic, has investigated 17 complaints from senior lawyers, three from prospective QCs and 14 for judicial posts. A third have been partly upheld.

In two cases Sir Colin has suggested Lord Irvine write to the lawyers apologising for their unfair treatment. The report calls for more resources for Lord Irvine's department so it is "capable of applying a non-discriminatory policy" in the selection or secret-soundings process.

The staff shortage in the department has led to delays of up to a year before some candidates are told of their success or failure in applying for the posts. Sir Colin is also worried that 95 per cent of those involved in the secret soundings are male.