November 22, 2011
Master of the Rolls Lord Neuberger has stirred a debate by stating that new legislation should be used to give women and ethnic minorities priority in the appointment of top judges.
The peer has also suggested there should be reforms to create more part-time and job share posts to encourage women to join the judiciary. Lord Neuberger believes that the Equality Act could be used to help create more equality in the judiciary. In an interview with the Times he said: ‘If you’ve got two equal candidates, you go for women and ethnic minorities. I have no difficulty with [that].’
The Master of the rolls did however warn against the Act being ‘skewed further’.
‘My own view is that it is patronising to women and to ethnic minorities to say, “Actually, you are not the best candidate but we are going to give it to you”, ‘It is unfair on the men if they are the better candidates not to give them the job.’
The comments by Lord Neuberger could be seen by some to suggest positive discrimination. There are a number of MPs who are opposed to the Equality Act. Tory MP Dominic Raab has said: ‘When it comes to offering a job, the decisive factor may now ultimately be race, gender, sexuality, religion, philosophical belief or other social factors – positive discrimination by any other name.’
Nick de Bois a fellow Conservative MP and a member of the Justice Select Committee, said: ‘I am against any form of positive action which could lead to employment tribunals. We have to stick to the principle that the best qualified candidate gets the job.’
