We are looking for an outstanding individual for the post of
Judicial Appointments Commission (JAC) – Vacancies for 3 Commissioners:
Two Professional Members (Barrister, Solicitor or Fellow of the Chartered Institute of Legal Executives)
One Circuit Judge
Reference number: PAT150040-JAC-MEMBERS
(please use the above reference in all correspondence)
Location: These roles are based in London
Term of appointment: 3 years, Professional Members’ appointment from February 2018, Circuit Judge appointment from June 2018
Time commitment: Up to 28 days per year
Remuneration: £338 per day
Closing date for applications is noon on Monday 6 November 2017
Applications should be submitted to the Ministry of Justice Public Appointments Team via .
Alternative format versions of this candidate information pack are available on request from the Public Appointments Team.
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1. Introduction
Dear Candidate,
Thank you for expressing an interest in the role of judicial appointments commissioner. We are currently seeking candidates for three vacant posts: two professional members (serving barristers, solicitors or CILEx Fellows), and one serving Circuit Judge.
The JAC was established in statute as part of the 2005 Constitutional Reform Act. It has the vital role of ensuring appointment to the judiciary is based on merit from the broadest possible pool of talent.
This important work must be led, as it is now, by a capable and effective group of Commissioners working as a team to deliver the highest calibre of judicial appointments. We are currently seeking three new Commissioners to ensure these standards are maintained. Our current Commissioners bring a breadth of experience from a variety of backgrounds and which we keen to maintain and enhance with these appointments.
More detailed information about the JAC, the role of the Commissioner and the skills and qualities we are looking for is set out in this pack. If after reading the material you have further questions about any aspect of this post, you are welcome to speak to Richard Jarvis, Chief Executive, on 020 3334 6533. If you have questions about the appointment process, you can contact the Public Appointments Team at: , or call Anna Payne on 020 3334 4506.
If you believe you have the experience and qualities we are seeking, we very much look forward to hearing from you.
Rt Hon Professor Lord Kakkar
Chairman of the JAC
2. About the organisation
Established in April 2006 under the Constitutional Reform Act 2005 (CRA), the JAC is an executive non-departmental public body, sponsored by the Ministry of Justice. The JAC plays a major constitutional role. It selects candidates for judicial office. It does this through a clear and accountable process involving fair and open competition. It selects candidates solely on merit, including good character, and from a pool comprising a wide range of eligible diverse candidates.
Its remit extends to all courts and tribunals in England and Wales, up to and including the High Court, and also some tribunals whose jurisdiction extends to Scotland or Northern Ireland.
The JAC is responsible for designing, planning and conducting recruitment campaigns. In 2013/14, for example, the JAC recommended over 800 candidates for appointment from a varied and diverse pool of potential candidates. The JAC is also involved in the most senior judicial appointments. Overall, the JAC covers a wide range of legal and non-legal specialisms across England and Wales, with occasional appointments in Scotland and Northern Ireland.
Size and composition of the Board
The composition of the Commission is set out in the Judicial Appointments Commission Regulations 2013 which specify that it should comprise 14 other Commissioners as well as the lay Chairman. This 14 must comprise:
· 7 holders of judicial office (including a non-legally qualified judicial member and holders of specified judicial offices in the courts and tribunals)
· 5 lay members
· 2 professional members selected from the Bar Council, Chartered Institute of Legal Executives (CILEx) or Law Society.
Biographical information for each current Commissioner can be found on the JAC’s website https://jac.judiciary.gov.uk. The terms of appointment for three of the current Commissioners will be coming to an end in 2018, and on this occasion there will therefore be a small number of fresh appointments.
Location
The Commission’s office and selection facilities are located at 102 Petty France, London, SW1H 9AJ.
While the JAC is based in London, we are looking for regional representation.
3. The role of the Commissioner
The JAC Commissioners - who are independent of Government and the Civil Service - have the corporate responsibility for ensuring that the JAC fulfils its role under the Constitutional Reform Act 2005 so that recruitment to the Judiciary is made on merit on the basis of fair and open competition.
As an arm’s length body of the Ministry of Justice, Commissioners are accountable to Parliament through the Lord Chancellor.
The Commissioners, currently under the leadership of Lord Kakkar, Chair of the JAC, have five core activities:
· To attend Commission Board meetings ten times per year in London, bringing their experience and judgement to bear on a range of important strategy, governance and policy issues. Each Commissioner is normally expected to also serve on one or two sub-Committees or working groups, each meeting up to five times a year typically for a couple of hours at a time.
· To select candidates for judicial appointment based on the selection exercise programme agreed with Her Majesty’s Courts and Tribunal Service (HMCTS) and the Ministry of Justice and panel assessments provided by the selection panel convened by the JAC. The Commission considers all of the information provided before making a decision as to who will be recommended to the Lord Chancellor for appointment.
· One or more Commissioners will also be assigned to oversee each selection process. With the exception of appointments to the High Court or above, they will not generally sit on individual selection panels, but will ensure that the process is followed, and will be part of the process that makes the final recommendation of suitable candidates.
· To ensure that recruitment for all exercises is open and fair and that the best person for the job is recommended for appointment, Commissioners will regularly review the selection processes used to ensure that they are fit for purpose.
· To ensure that the JAC undertakes its statutory duty of having regard to the need to encourage diversity in the range of persons available for selection for appointments. In doing so it is expected that Commissioners take part in external events, including speaking at seminars, conferences and meetings, and making presentations to key interested parties, individuals and groups.
The Commissioners work closely with staff at the JAC who undertake the day to day process of selecting candidates to recommend for appointment to the judiciary.
The main responsibilities of the Commissioners are to:
· Maintain the values of the JAC, particularly selection on merit on the basis of fair and open competition;
· Oversee a number of selection exercises ensuring that the most suitable candidates are recommended to the Lord Chancellor for appointment;
· Take part in and influence debates about the strategic objectives, performance and constitutional role of the JAC; and
· Promote the JAC and to have regard to the need to encourage diversity in the range of persons available for selection for appointments.
The successful candidate will have the ability to:
· Work as a member of a body of Commissioners, through plenary and sub-Committee discussions, gain credibility and the confidence of key stakeholders and who can seek ways to improve their performance and that of those with whom they work in partnership;
· Develop strategy for the Commission;
· Work constructively with HMCTS and MoJ, while upholding JAC values and the integrity of the selection process; and
· Carry the confidence of JAC’s key interested parties by ensuring that the most suitable candidates are recommended for appointment, with lay members taking part in selection panels for the most senior judicial appointments.
Disqualification for appointment
There are circumstances in which an individual will not be considered for appointment. They include:
· someone who has received a prison sentence or suspended sentence of 3 months or more in the last 5 years
· someone who is the subject of a bankruptcy restrictions order or interim order
· in certain circumstances, those who have had an earlier term of appointment terminated
· anyone who is under a disqualification order under the Company Directors Disqualification Act 1986
· anyone who has been removed from trusteeship of a charity
4. Eligibility Criteria and Person Specification
We are looking for three new Commissioners: two professional members (each a serving barrister, solicitor or CILEx Fellow) and a Circuit Judge.
Eligibility
For all posts, a person cannot be appointed as a Commissioner if he or she is employed in the civil service of the State.
There must be no employment restrictions, or time limit on your permitted stay in the UK. You should normally have been resident in the United Kingdom for at least three years prior to your application.
Professional Member: two posts
· Candidates should be either a serving solicitor, barrister, or Fellow of the Chartered Institute of Legal Executives, with at least five years’ post qualification legal experience.
Circuit Judge Member: one post
· Candidates should be a serving Circuit Judge (or Senior Circuit Judge), with at least three years’ sitting experience in either role.
Essential criteria
Candidates will be able to demonstrate the following:
· personal integrity, party-political impartiality and a commitment to the highest standards in public life and to the values of the JAC, including appointment on merit and the importance of diversity;
· an independent mind with excellent judgement and powerful analytical skills, able to interpret complex information and make robust selection decisions which stand up to scrutiny;
· credibility and personal authority, such as to command the confidence of key stakeholders and if required able to chair a selection panel and sit as a panel member for the most senior appointments;
· excellent listening skills and a collegial approach to decision-making, able to assimilate different Commissioner perspectives and provide considered decisions based upon consensus;
· strong interpersonal skills with the ability to ‘read’ others;
· effective communication skills to represent the Commission in meetings and externally.
Desirable criteria
Professional Member: Barrister
· Active membership of the Bar Council and/or other organisations or associations representing barristers.
Professional Member: Solicitor
· Active membership of the Law Society and/or other organisations or associations representing solicitors.
Professional Member: CILEx Fellow
· Active membership of CILEx and/or other organisations or associations representing the Chartered Legal Executive profession.
Circuit Judge Member:
Active membership of the Council of Circuit Judges or other organisations representing Circuit Judges.
5. Other important appointment information
Tenure: Public appointments are offered on a fixed term basis. We do this to ensure that the leadership of our public bodies is regularly refreshed and the Commission can benefit from new perspectives and ideas. The appointment will run for three years with the possibility of reappointment for a further term subject to satisfactory appraisal and at the discretion of Ministers. Overall, the tenure period may not exceed ten years, whether consecutive or not.
The appointment start date for these posts are February 2018 for the 2 x Professional members, and from June 2018 for the Circuit Judge.
Remuneration: £338 per day. Remuneration is taxable and subject to Class 1 National Insurance contributions. The role is not pensionable and your remuneration may be abated if you receive a public service pension.
Reasonable travel expenses will be paid for journeys from home to the main office, if Commissioners live outside London. Travel and subsistence allowances may also be payable on the same basis as that applicable to civil servants where the post holder is required to travel to other locations or stay overnight in the course of their duties.
Time commitment
Commissioners will be expected to commit to around 28 days each year to attend meetings and external events, including involvement in oversight of selection exercises. Meetings will normally be held in London and Commissioners will be expected to read and consider papers outside of these meetings.
Performance Appraisal: Performance will be assessed annually, appraisal arrangements will be agreed on appointment.
Standards in Public Life: Public appointees are required to uphold the Board/Committee on Standards in Public Life’s Seven Principles of Public Life (see Appendix 1). You are also expected to adhere to the Code of Conduct for board members of public bodies.
6. Advisory Assessment Panel membership
The Panel will be:
· Sir Malcolm Grant, Chairman of NHS England and independent panel Chair
· Sir Brian Leveson, President of the Queen’s Bench Division for Lay Commissioner roles, senior judicial panel member;
· Rt Hon Professor Lord Kakkar, Chair of the JAC
· Professor Nicola Lacey, independent panel member
The Advisory Assessment Panel Chair will report to Ministers on the outcome of the interviews. Ministers are responsible for making the appointment.
7. The appointment process and time line
The figure below sets out the key stages and timings in the process.