The convention that former judges cannot return to practice as barristers or solicitors will remain, the Government has confirmed.
Lord Chancellor and Secretary of State for Justice Jack Straw made his decision after considering responses both for and against return to legal practice.
In response to the consultation paper on what safeguards and conditions would be necessary to allow this, he said he was ‘not persuaded that lifting the conventional prohibition would increase diversity of the judiciary.;
A consultation paper invited suggestions as to how the judiciary in England and Wales might be made more reflective of today’s society, while continuing to make judicial appointments based solely on merit.
Mr Straw said: “The Government consulted widely, considering the arguments both for and against allowing former salaried judges to return to practice. I do not believe there is sufficient evidence that this would achieve a more diverse judiciary and that therefore the arguments against this change outweigh those for. This proposal will not therefore be implemented.
“Increasing the diversity of the judiciary is of great importance and I will continue working with Lord Chief Justice Lord Phillips and the Judicial Appointments Commission on the jointly agreed Judicial Diversity Strategy published in May 2006 and the activity underway to support it.�