Shadow Justice Secretary Nick Timothy has challenged David Lammy’s preferred choice to lead the body responsible for appointing judges in England and Wales, raising concerns that diversity initiatives could be placed ahead of merit.
Professor Lynne Berry has been selected by the Justice Secretary as his preferred candidate to become Chair of the Judicial Appointments Commission (JAC), the independent body that recommends candidates for judicial office across England and Wales.
However, Mr Timothy has questioned whether Professor Berry’s previous leadership roles demonstrate a commitment to appointing the best candidates regardless of background.
“We should want the very best judges, regardless of their race or identity,” Mr Timothy said. “David Lammy’s choice to run the Judicial Appointments Commission has a concerning history of prioritising diversity over merit.”
He added that there must be “equality before the law” and argued that Professor Berry has questions to answer about her previous record.
The criticism centres on Professor Berry’s role as Chair of the Human Tissue Authority (HTA) and her involvement with the University of Westminster.
The HTA’s equality, diversity and inclusion policy states that equality is “not about treating everyone the same” and outlines a commitment to supporting career progression for ethnic minority staff.
Mr Timothy has also highlighted an equality strategy approved during Professor Berry’s time at the University of Westminster. The strategy included measures described as “positive action” aimed at increasing diversity among applicants and students. Examples included adopting more inclusive recruitment practices and, in some cases, providing interview questions to candidates in advance.
The appointment is likely to intensify wider political debate about diversity initiatives within public institutions, particularly within the judiciary.
Professor Berry is due to appear before the House of Commons Justice Committee, where MPs will examine her suitability for the role before any appointment is confirmed.
David Lammy defended the nomination in correspondence with the committee, describing Professor Berry as a “strong and confident” candidate who would be a “champion of change”. He said she demonstrated a clear understanding of both merit-based appointments and the legal requirement to encourage diversity within the judiciary.
The Justice Secretary also praised what Professor Berry described as her approach of “measured radicalism” in leadership.
Professor Berry has previously spoken about the importance of discussing values and behaviour within organisations, arguing that issues such as the Black Lives Matter movement and workplace culture are important topics for board-level discussion.
Her nomination comes amid ongoing concerns about representation within the judiciary. A recent Commons Justice Committee report described the lack of diversity among Crown Court judges as “shocking”, noting that only around one per cent are black, a figure that has remained unchanged for more than a decade.
Critics argue that judicial appointments should focus solely on merit and legal ability, warning against any perception that personal characteristics could influence selection decisions.
Supporters of diversity initiatives maintain that efforts to widen opportunities help ensure the judiciary better reflects the society it serves while maintaining standards of excellence.
The Ministry of Justice rejected criticism of the appointment process, describing the allegations as baseless. A spokesman said judges are appointed on merit and that the chair of the Judicial Appointments Commission is selected through an open and transparent process.
The row is the latest example of growing political tensions over diversity, equity and inclusion policies under Labour, with critics accusing ministers of focusing on identity-based initiatives while many voters remain more concerned about crime, court backlogs and the delivery of swift justice.
Professor Berry’s committee appearance on Wednesday is expected to provide MPs with an opportunity to examine her views on merit, diversity and the future direction of judicial appointments.
