Part of 2. Questions to the Counsel General – in the Senedd at 2:31 pm on 10 January 2018.
Well, I thank the Member for that question, and for her continued advocacy of the cause of diversity and of equalities in general.
The lack of diversity in the criminal justice system identified by the Lammy review militates against access to justice, which is a key pillar of our democracy in Wales, and across the UK. Lammy demonstrated that this lack of diversity applies to those making important decisions across the criminal justice system, from prison officers and governors to magistrates and the judiciary more generally. And these are major issues for us in terms of the rule of law in the UK. In terms of the legal profession in Wales, and in terms of BME diversity, we are a little behind where we should be in terms of the general population of Wales, and there's more that we absolutely can do.
In terms of the Welsh Government's action in relation to this, the First Minister wrote, for example, to the chief executive of the Supreme Court recently, to underline the importance of securing diversity in the Supreme Court, and more generally throughout the judicial system. In Wales, appointments to the Welsh tribunal judiciary are made on the advice of the Judicial Appointments Commission, and are subject therefore to their policies on promoting judicial diversity.
She mentions the question of diversity in broader terms, covering gender, gender identity, sexuality, and so on. I think it would do us well to remember the words of Lady Hale, who is the president of the Supreme Court, who said when she took up appointment,
'I take the view that "difference" is important in judging and that gender diversity, along with many other dimensions of diversity, is a good, indeed a necessary, thing. However, the principal reason for this is not our different voice, but democratic legitimacy. In a democracy governed by the people and not by an absolute monarch or even an aristocratic ruling class, the judiciary should reflect the whole community, not just a small section of it.'