Justice committee told gender balance will be given “due regard” in SCC appointments

Holyrood’s justice committee has been told appointments to the Scottish Servicing Council (SCC) will be made with “due regard to the principles of equality and diversity” after writing a letter voicing concerns about gender balance.

Christine Grahame MSP wrote to Lord Carloway, the Lord Justice Clerk, on behalf of the committee earlier this month.

The committee discussed gender equality on the Council after considering the Scottish Sentencing Council (Procedure for Appointment of Members) Regulations 2015 on 1 September.

In the letter, Ms Grahame wrote: “The Committee agreed to make no formal recommendation in relation to the instrument.

“However, in considering the instrument, some concern was expressed that there appeared to be no requirement laid down either in the instrument or the parent Act for equality issues to be taken into account during the appointment process.

“The Committee noted that such a formal requirement is found in the appointment process for some other public or statutory bodies. The Scottish Government’s ‘50:50 by 2020’ campaign to achieve gender parity on the boards of private, public and third sector bodies was also noted.

“The Committee respects the crucial principle of independence in judicial decision-making, but hopes you will agree that these comments, which relate solely to the issue of considering the importance of equality and diversity in making public appointments, and in seeking to achieve gender parity in those appointments, are not intended to compromise that principle.

“We would be grateful if, as acting head of the Scottish judiciary and as prospective chair of the Council, you take these comments into account for the purposes of the Council’s appointment process.”

A spokesperson for the Scottish Sentencing Council said: “The Lord Justice Clerk has reassured the Justice Committee that he is keen to ensure that there is due regard to the principles of equality and diversity, whilst recognising the need to have the best candidates appointed to the Scottish Sentencing Council.

“The selection process is heavily dependent upon the nature of the applying candidates and is being carried out with best practice in public appointments in mind. Applications have been welcomed and encouraged from the widest possible range of eligible persons and particularly from protected groups covered by the Equality Act 2010.”