Give more women and ethnic minorities top judiciary jobs, says Lord

The country's second most senior judge has given his support to a new law which could help increase the number of women and ethnic minorities at the top of the judiciary.

Lord Neuberger of Abbotsbury believes there is no reason why female or ethnic minority candidates shouldn't be favoured over white men when the two applicants are otherwise equal.

He is in favour of applying section 159 of the Equality Act, which took effect in April, to the judiciary. The section, allows "positive" action in relation to recruitment and promotion in England, Wales and Scotland. However, the provision does not permit positive discrimination, such as quotas, which continues to be illegal.

But Lord Neuberger said it would be "unfair" not to pick men if they were the better candidate.

He said,

"The proportion of women and ethnic minorities among the senior judiciary is worryingly small. It is clear that we are moving in the right direction, but very slowly. If you've got two equal candidates, you go for women and ethnic minorities - I have no difficulty with (that)."

But rightly, he also warned it would be wrong to go further than section 159, as it would be "patronising" to give people the job if they were not the best candidate.

The act was introduced by Labour deputy leader Harriet Harmon but has been opposed by some Conservatives, with Dominic Raab, MP for Esher and Walton, saying,

"When it comes to offering a job, the decisive factor may now ultimately be race, gender, sexuality, age, disability, religion, philosophical belief or other social factors - positive discrimination by any other name. It will be voluntary to begin with, but the Commission clearly expects to coax and cajole its increasing use."

Lord Neuberger said judges were split over the issue. He said a number of women judges oppose it because of "the feeling that 'I only got the job because they wanted a woman", but said many more are in favour of it.

Picture: Dame Linda Dobbs DBE