Last week, the BSB launched a series of changes to the equality rules, which would see an obligation placed on barristers to “act in a way that advances equality, diversity, and inclusion” when providing legal services.
The Bar’s regulator said that the new “positive duty” would replace the existing core duty, which states that barristers “must not discriminate unlawfully against any person” and that a new set of general equality rules would be introduced alongside the proposed duty.
Barristers would be expected to eliminate unlawful discrimination, advance equality of opportunity, particularly in recruitment, retention and progression, prevent bullying, harassment and victimisation, ensuring equal access to their services, and promoting inclusive culture.
However, the Bar Council has come out in disagreement to this proposal, with Chair of the organisation, Sam Townend, warning that radical changes may trigger unwanted consequences across the profession.
Commenting on the proposal, he said:
“The Bar Council is deeply committed to supporting and improving equality, diversity and inclusion at the Bar. While much progress has been made — thanks to the work of individuals, chambers, Inns, specialist bar associations and others — there is clearly much more to be done.”
Townend continued, stating that “providing an effective regulatory framework on EDI is essential,” however the idea of radical change “is certainly disruptive and may have unintended detrimental consequences.”
This is not the first time that the BSB and Bar Council have disagreed on EDI fronts this year, with Mr Townend requesting that the BSB let the Bar Council lead the way on EDI back in June, which the regulator rejected.
The BSB have stressed their commitment to promoting EDI within the profession, with Director General, Mark Neale stating that regulation is a key piece to the puzzle in improving the Bar landscape. He said:
“We want to ensure that the Bar is as inclusive as possible and that it is truly representative of the society it serves. Regulation alone cannot achieve that, but regulation can help by supporting barristers to challenge practices which work against diversity and inclusion."
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