We must tackle the shocking lack of diversity in our judges

The lack of diversity in our judges is shocking. England and Wales is fourth from bottom in Europe. There are 12 Supreme Court judges, out of which 11 are white men (and the other a white woman). Only 7 of 38 High Court judges are women. And there isn’t a single BAME judge in either the Supreme Court or the Court of Appeal.

Earlier this year, I set Sir Geoffrey Bindman QC and Karon Monaghan QC, two of the country’s leading anti-discrimination experts, a challenge to come forward with recommendations for what a future Labour Government could do to deliver a more diverse judiciary. Today, their report has been delivered, and I have published it.

Geoffrey and Karon both have distinguished legal careers in tackling discrimination. I could not think of two better people to roll up their sleeves and get stuck into this issue. Their report is testimony to their hard work, and is a standalone contribution to the work on judicial diversity in its own right. I am sure that those interested in this area of work will be referring to it for many years to come.

I asked Geoffrey and Karon to work on the basis nothing was off the table. I did not want them inhibited in any way, so that they could feel free to propose bold and radical solutions. And their report shows they made the most of their freedoms!

It is now my job to study in great detail the report Geoffrey Bindman and Karon Monaghan have produced. It has provided me and those of us writing policy for the next Labour government with real food for thought. The recommendations it contains could, if implemented, transform our judiciary and accelerate the march to improving the numbers of underrepresented groups.

And I believe this issue is crucial. The law cannot command the respect of the public if those administering it do not reflect the diverse nature of our population. This is at the heart of our democracy, and confidence in judges upholding the rule of law is central to this.  As the House of Lords Constitution Committee said in their report on judicial diversity “a more diverse judiciary would not undermine the quality of our judges and would increase public trust and confidence in the judiciary”.

Karon and Geoffrey’s report also highlights a number of barriers that potential candidates face, which, if removed, would benefit underrepresented groups. These include a lack of flexibility in relation to part-time appointments, the obligation to go on circuit – the judicial equivalent of living out of your suitcase for weeks on end – and obstacles to returning into legal practice for those who leave the judiciary. What’s more, the report also draws attention to the perception – real or imagined – of judges being a white, male barrister educated at public school and Oxbridge.

I’m a Labour Shadow Justice Secretary but I hope to be a future Labour Lord Chancellor. If I achieve my aim, I won’t stand idly by while progress towards a more diverse judiciary moves at a snail’s pace. Core to what Labour stands for is tackling inequality and discrimination. It’s about breaking down barriers to opportunity, standing up for the marginalised and defending minorities. Having a more diverse judiciary sits squarely side by side with Labour’s aims.

This report provides me with a range of options which could be implemented by a future Labour Government. Some of them will generate a much-needed debate both in the legal community and beyond. This is to be welcomed. I will study all of the recommendations carefully. And I hope to have the opportunity six months from now to start putting into practice policies that will deliver a more diverse judiciary.

Sadiq Khan is the Shadow Secretary of State for Justice 

The report Judicial Diversity: Accelerating Change can be found here