David Lammy reported to equality watchdog over diversity appointment plan

Mr Timothy has written to the EHRC Chair Dr Mary-Ann Stephenson to ask about the lawfulness about the “Public appointments diversity and outreach strategy”, asking about the “limitations of the ‘positive actions’ powers to promote diversity”.

The MoJ had previously claimed the plan aims to “improve diversity across the public appointments process”, adding it supports Labour’s “wider ambition for public appointees to better reflect the society they serve and focuses on improving representation across sex, ethnicity, disability, socio-economic background and region.”

However, Mr Timothy flagged up “recruitment policies and targets for interview panellists” as a potential area of concern, adding it may constitute “indiscreet discrimination”.

The MP for West Suffolk said “through the introduction of unlawful quotas and rule based preferences for candidates with certain protected characteristics”, the strategy would go beyond the “positive action” powers allowed by the act.

He said: “The Government Equalities Office guidance on positive action makes clear that, unless actions qualify as lawful ‘positive action” exemptions, ‘taking action that deliberately and overtly advantages those with a particular protected characteristic over those without it would normally be unlawful under the [Equality] Act.’

“It is also unclear whether setting targets for diversity among interview panels will necessarily improve diversity among appointees, or if so, why.”

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The MoJ had previously claimed the strategy adopts an “end-to-end approach, strengthening outreach, campaign planning, recruitment and onboarding, while improving the use of data to identify and address barriers to participation.”

However, Mr Timothy suggested it would lead to unlawful quotas and preferential treatment based on protected characteristics.

He said: “The strategy sets ‘an expectation that at least 90 per cent of campaigns achieve demonstrable diversity on sift and interview panels, with panel selection informed by the current diversity of the board and any representation gap.

“Any exceptions will require documented justification and quarterly senior oversight…The wording and case law…make clear that only ‘proportionate’ measures qualify as lawful ‘positive action’ and that quotas are disproportionate.

“By imposing a rule that 90 per cent of panels must fulfil diversity criteria, with non-compliance resulting in strict reporting and oversight measures, the department is creating a quota.”

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On top of this, he argued the the MoJ target of “a measurable reduction by 2028 in the representation gap for underrepresented groups compared to 2024/25 baseline data” among public appointees, was unlawful.

He said: “A target may be lawful if it represents a non-binding aspiration.

“However, if interpreted by decision-makers as a de facto quota such that individual appointments are made on grounds other than merit, beyond the limited ‘positive action’ powers, it is unlawful.

“By setting a time limit, those making decisions over appointments are effectively being asked to appoint based on the target rather than merit. A preference policy falls outside the scope of lawful ‘positive action’ exemptions.”

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Mr Timothy also suggested it was unclear if diversity within panels would achieve diversity among appointees.

He said: “It appears to be implied by the wording of the strategy that only a panel matching certain diversity criteria would be capable of making appointments in an unbiased way, or of achieving an appropriately diverse body of appointees.

“For ‘positive action’ to be lawful in this case, it must be designed to address ‘disproportionately low’ representation.

“It is not clear that addressing the composition of panels is an effective measure for boosting diversity among appointees, or if it is, then why.”

Launching the scheme last week, Mr Lammy said: “At the Ministry of Justice, we are committed to ensuring that public appointments better reflect the society we serve.

“Diverse perspectives and experiences strengthen leadership, improve decision-making and help build confidence in our public bodies and the justice system more broadly.

“Increasing the range of people who can see themselves in these roles is a priority, and this strategy sets out the practical steps we will take to widen access, improve fairness and support a more representative public appointments system across the MoJ.”

GB News has contacted the MoJ for a comment in response to Mr Timothy’s claims.