CANDIDATE INFORMATION PACK
Chair of the Judicial Appointments Commission
(JAC)
Closing date for this post is:
17:00 ON THURSDAY 14 APRIL 2016
Alternative format versions of this candidate information pack are available on request from Connie Healy [
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Contents Page
1. Introduction………………………………………………………… 3
2. About the JAC 4
3. Role of a Chair 5
4. Person specification and eligibility criteria 5
5. Conditions of appointment 6
6. Diversity and equality of opportunity 7
- Flexible working practices
- Arrangement for candidates with a disability
- Equal Opportunities Monitoring Form
7. Indicative timetable and how to apply 8
8. Complaints Process 10
Appendix 1
The seven principles of public life 12
1. Introduction
The Judicial Appointments Commission (JAC) is one of the guardians of judicial independence, created by a major constitutional reform in 2005 to really enshrine executive and judicial independence in the appointment of the judiciary. The position of Chair is both demanding and rewarding and requires an exceptional individual to provide first class strategic leadership to the organisation.
We require a high calibre candidate in whom the Lord Chancellor, the Lord Chief Justice and the Justice Select Committee have total confidence. The appointment is made on recommendation to HM The Queen.
The successful candidate would be joining a high performing organisation at time of great change; significant reforms are underway in HM Courts and Tribunal Service, and during the course of the next three years, there will be some significant appointments that will need to be made at the highest levels of the judiciary.
The JAC’s processes, which include attracting candidates from the widest eligible pool, form the bedrock of judicial appointments, and are vital in maintaining the constitutional independence of the judiciary and underpin the judiciary’s recognised position as “world class”.
Candidates are welcome from the widest possible field – there is no prescribed background for an effective chair of the JAC. Above all, this important role demands an individual of utmost probity, who has both the vision and tenacity to provide the necessary strategic direction to lead this high profile, constitutionally essential, organisation through challenging times.
The following pages will tell you more about the JAC and the nature of the Chair’s role.
2. About the Judicial Appointments Commission
The Judicial Appointments Commission (JAC) was set up in order to maintain and strengthen judicial independence by taking responsibility for selecting candidates for judicial office and making the appointments process clearer and more accountable to the public. This constitutionally important role is to select candidates for judicial office on merit, through fair and open competition, from the widest range of eligible candidates.
The JAC selects candidates for judicial office in courts and tribunals in England and Wales, and for some tribunals whose jurisdiction extends to Scotland or Northern Ireland. 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 is responsible for designing, planning and conducting recruitment campaigns to select all judicial office holders up to and including the High Court. 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 senior and, increasingly, in international judicial appointments. The JAC’s role is to administer senior selection exercises. This 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 JAC comprises a Chair and 14 Commissioners. The chair will have a key role in recruiting new Commissioners to the JAC, as and when the terms of the current incumbents come to an end. They are listed below and biographical information for each Commissioner can be found on the JAC’s website
· Christopher Stephens, Chairman
· Lady Justice Macur DBE, (judicial)
· The Right Honourable Lord Justice Burnett, Vice Chairman (judicial)
· Her Honour Judge Usha Karu (judicial)
· His Honour Judge Phillip Sycamore (judicial)
· District Judge Christopher Simmonds (judicial)
· Mr Justice Wilkie (judicial)
· Lucy Scott-Moncrieff CBE (judicial - tribunal)
· Martin Forde QC (professional - barrister)
· Ms Alexandra Marks (professional - solicitor)
· Katharine Rainsford JP (lay magistrate)
· Professor Emily Jackson (lay)
· Professor Noel Lloyd CBE (lay)
· Lieutenant General Sir Andrew Ridgway KBE CB (lay)
· Dame Valerie Strachan DCB (lay)
· Debra van Gene (lay)
· Nigel Reeder is the Chief Executive of the JAC
Further information on the JAC and its activities, including its most recent annual report can be found on the JAC’s website: https://jac.judiciary.gov.uk
Location
The role will be based in London. Some travel may be required.
3. Role of the Chair
This important role requires an outstanding strategic leader who will:
· Uphold the principles of judicial independence and the recruitment of judges on merits on the basis of fair and open competition;
· Lead, manage, motivate, and appraise the Commissioners, developing and monitoring the implementation and effectiveness of the Commission’s strategy and priorities. The candidate will need to develop an effective partnership with the Chief Executive to ensure that the Commission delivers these priorities;
· Make strong and constructive working relationships with the judiciary, the Lord Chancellor, Parliament, senior civil servants, the legal profession and other key stakeholders;
· Join selection panels for the most senior and/or sensitive appointments alongside other Commissioners;
· Be the public face of the Commission, promoting and acting as an ambassador for its work and the rule of law; playing a leading role in cooperation with the Lord Chief Justice and Lord Chancellor and other partners in securing a more diverse judiciary;
· Work with the Ministry both to appoint first class individual Commissioners.
4. Person specification and eligibility criteria
We are looking for an experienced leader who can manage, motivate, and appraise the 14 Commissioners. The chair must have gravitas and credibility, sufficient to discharge an ambassadorial role for the work of the Commission and the rule of law.
Eligibility
The Chair must be a lay member; a person resident in England or Wales who has never held a listed judicial office; cannot have ever been a practising lawyer; and cannot be employed in the Civil Service of the State.
Essential criteria
· Integrity;
· Recognition of the importance of the judiciary, its constitutional position and independence and that of the JAC;
· A commitment to recruitment on merit on the basis of fair and open competition, working with the Lord Chief Justice and the Lord Chancellor as each discharges their statutory duty to encourage judicial diversity;
· The ability to chair Boards and effectively handle the relationship between Board and the Executive; and
· A senior leader with exceptional strategic skills to guide the Commission through challenges, providing proportionate and practical solutions which withstand public scrutiny.
Desirable criteria
· A track record of chairing senior level nominations/appointments processes.
· Experience of dealing effectively with the media, strong communication skills and a personal style that demonstrates authority and trust;
· Understanding or knowledge of working within a Government context;
· Financial experience or experience of working within significant budgetary constraints to deliver value for money.
5. Conditions of appointment
Remuneration, allowances and abatement
· The successful candidate will be expected to make a commitment of 8 days per month to the role – remuneration will be commensurate with the position.
· This role is non pensionable.
· Remuneration will be subject to PAYE tax and National Insurance Contributions.
· Reasonable standard travel expenses will be payable.
· If you receive a full time salary from the public purse then you will not receive any remuneration for this appointment; this will be abated. However, reasonable standard travel expenses will be payable.
· The post benefits from secretarial and administrative support.
Appointment and tenure of office
· This is a Royal appointment on the recommendation of the Lord Chancellor.
· Appointments are for a 3 year term with the possibility of re-appointment for a further term, at the discretion of the Lord Chancellor and the Lord Chief Justice. Any re-appointment is subject to satisfactory annual appraisals of performance during the first term in the post. If re-appointed, the total time served in post will not exceed 10 years.
· It will be important that a Chair’s other commitments do not cast any doubt on their ability to act independently and impartially in discharging the role; any potential conflict of interest must be declared.
Performance appraisal
The Chair will be assessed at least once a year against objectives for each year of the appointment and linked to the performance of the JAC. The appraisal will be carried out by a person of appropriate level within the Ministry of Justice.
Standards in public life, political activity and conflicts of interests
Standards in public life
Candidates must also confirm that they understand the standards of probity required of public appointees outlined in the “Seven Principles of Public Life” drawn up by the Committee on Standards in Public Life (see Appendix 1).
Public bodies are expected to maintain a register of members’ interests to avoid any danger of the Chair being influenced - or appearing to be influenced – by their private interests in the exercise of their public duties. Candidates invited to interview will be questioned about any real or perceived conflicts of interest. These do not constitute an automatic bar to appointment, but they must be manageable.
Political Activity
Commissioners of the JAC will need to show political impartiality during their time on the JAC and must declare any party political activity they undertake in the period of their appointment.
Due to the nature of the JAC it is not appropriate for the chair or commissioners of the JAC to occupy paid party political posts or hold sensitive, senior or prominent positions in any political organisation. Nomination for election to political office, for example the House of Commons, the Northern Ireland Assembly, Scottish Parliament, the European Parliament, is not considered compatible with membership of JAC.
Subject to the foregoing, members are free to engage in political activities, provided that they are conscious of their general responsibilities and standards in public life and exercise proper discretion.
The online Political Activity Declaration will be kept separate from your application and will only be seen by the selection panel prior to interview. However, it is appreciated that such activities may have given you relevant skills, including experience gained from committee work, collective decision making, resolving conflict and public speaking. If, therefore, you have had such experience and you consider it relevant to your application for this post, you should include it separately in the main body of your application.
If you are successfully appointed to the post, details of your response to the Political Activity Declaration will be included in any announcement of your appointment.
Conflict of Interests
You will be required to declare any conflict of interest that arises in the course of JAC business and must declare any relevant business interests, positions of authority or other connections with commercial, public or voluntary bodies. Any actual or perceived conflicts of interest will be fully explored by the panel at short listing or interview stage.
More generally, there are five issues most frequently encountered that could lead to real, or apparent, conflicts of interest:
· Financial interests or share ownership – for example, holding shares in a firm that is considering applying or has licensed body status in relation to Alternative Business Structures could be a particular area of concern
· Expertise or activity in particular areas, that whilst not precluding appointment may be perceived by the public as a conflict of interest – for example, it is especially important that associations with legal firms are explored fully
· Membership of some societies or organisations – for example, dealings with the legal and financial sectors will need to be explored fully
· Rewards for past or future contributions or favours
· The activities, associations and employment of relatives or partners.
Further advice about conflicts of interest can be obtained by contacting:
Alex Randall
Public Appointments Team
Ministry of Justice
Post point 10.10
102 Petty France
SW1H 9AJ
Tel: 020 3334 5365
Email:
6. Diversity and equality of opportunity
Diversity of opportunity is something the Ministry of Justice and the Judicial Appointments Commission care passionately about.
Applications are encouraged from all candidates regardless of ethnicity, religion or belief, gender, sexual orientation, age, disability, gender identity. We particularly welcome applications from women, those with a disability and those from a black or ethnic minority background - who are currently underrepresented on the Board.
We would also particularly welcome applications from those currently working in, or with experience of, the private sector, and those who have not previously held public appointments. We want to explore the widest possible pool of talent drawn from a wide range of backgrounds, philosophies and style to reflect British society.
Flexible working practices
The JAC recognises flexible working practices but its members need to be able to attend meetings, mostly held in London at 102 Petty France.
Arrangements for candidates with a disability
Guaranteed Interview Scheme
The Ministry of Justice operates a Guaranteed Interview Scheme (GIS) for disabled people. The Equality Act 2010 defines a person as disabled if they have a physical or mental impairment and the impairment has a substantial and long term adverse effect on their ability to carry out normal day-to-day activities. Under the GIS a disabled candidate will be selected for interview if they meet the minimum criteria for the role decided by the selection panel at sift. To ensure fairness, the panel will not be informed of who has applied under the GIS until it has set the minimum criteria at the start of the sift meeting. If you wish to be considered under the scheme, please complete the Guaranteed Interview Scheme Declaration on the Diversity Monitoring Form in the supporting documents and upload it with your application.