November 7, 2007: Judges: No Return To Practice As Barristers

The convention that former judges cannot return to practice as barristers or solicitors will remain. After consultation, Lord Chancellor and Justice minister Jack Straw considered the arguments for and against return to legal practice. The consultation paper , 'Increasing the Diversity of the Judiciary' (published in 2004), had invited suggestions on how the judiciary in England and Wales might more accurately reflect contemporary society, while continuing to make judicial appointments based solely on merit. Mr Straw was not persuaded that lifting the conventional prohibition would increase diversity of the judiciary. He commented:

"The Government consulted widely, considering the arguments both for and against allowing former salaried judges to return to practice. I do not believe there is sufficient evidence that this would achieve a more diverse judiciary and that therefore the arguments against this change outweigh those for. This proposal will not therefore be implemented."

"Increasing the diversity of the judiciary is of great importance and I will continue working with Lord Chief Justice Lord Phillips and the Judicial Appointments Commission on the jointly agreed Judicial Diversity Strategy published in May 2006 and the activity underway to support it."

The Judicial Diversity Strategy was jointly agreed by the Lord Chancellor, Lord Chief Justice and chairman of the Judicial Appointments Commission and announced to Parliament in 2006. The strategy's four strands seek to:

• Promote judicial service and widen the range of people eligible to apply for judicial office
• Encourage a wider range of applicants (to ensure the widest possible choice of candidates for selection)
• Promote diversity through fair and open processes for selection to judicial office solely on merit
• Ensure that the culture and working environment for judicial office holders encourages and supports a diverse judiciary and increases understanding of the communities served

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