The Inn’s Bench Selection Advisory Committee (BSAC) were and are strongly of the view that under-representation of Benchers who are female and/or from more diverse backgrounds would, despite the best efforts of BSAC, remain a problem unless changes to the Inn’s Bench selection criteria were introduced. Following significant discussion, important recommendations were made to Parliament as to necessary changes to the Bench selection criteria with the intent to encourage a more diverse set of candidates to be considered by BSAC and Parliament and openly to promote the importance of a demonstrable commitment to diversity and inclusion in the profession but not, it should be stressed, to alter the fundamental and existing threshold for election.

BSAC determined that the solution to this under-representation is not to have quotas or positive discrimination, nor to remove the requirements of standing in the profession and/or contribution to the Inn but to: (a) widen the pool of potential candidates so that it includes those who are at least 10 years’ Call and (b) to include a specific requirement for the candidate to demonstrate a commitment to the promotion of diversity and inclusion in the profession.

Parliament approved the following recommendations at its meeting on 8 March 2023:

Firstly, to lower the Call threshold to be elected as a Bencher from 15 years’ Call to 10 years’ Call.

Secondly, to include a requirement in the selection criteria of a demonstrable commitment to the promotion of diversity and inclusion in the profession.

It is hoped that greater diversity on the Bench will encourage students, pupil barristers and junior tenants to see the success of the widest range of role models and act as an inspiration. Visible diversity is critical, and it is believed that the first amendment will enhance the diversity of the potential candidates to be considered first of all by BSAC as well as increase the contributions that those potential Benchers would make.

The second amendment is based on the clear conviction of BSAC that those who demonstrate a commitment to the promotion of diversity and inclusion issues will in part reflect a more diverse Bench but also be those Benchers who will be proactive in support of the Inn. A requirement of promoting and/or understanding the importance of diversity has long been a requirement for Judicial appointment and Silk and BSAC sees no good reason why it should not apply equally for election to the Bench at Middle Temple.

The form to nominate a candidate to become an Ordinary Bencher can be found here on the Inn’s website.

Any queries relating to the above, or to the nomination of candidates of any category to the Bench, should be sent to the Governance Manager, Lauren McHardy, at l.mchardy@middletemple.org.uk