At the centre of the now-abandoned proposal was a plan to rewrite Core Duty 8, which currently requires barristers to “not discriminate unlawfully against any person”. The BSB had proposed replacing this with a much more active obligation requiring barristers to take positive steps to advance EDI.
The proposal sparked significant debate within the Bar. Critics warned that the new duty could exceed the regulator's powers, politicise professional obligations, and compromise barristers’ independence. The Bar Council, while supportive of the BSB’s general intention to improve diversity, described the proposed rule as “unlawful and misguided”.
Gender-critical barristers voiced concerns over potential conflicts with freedom of belief, while former justice minister Lord Wolfson KC cautioned that:
“The BSB has no authority to impose its own views of social justice on practitioners.”
In a statement, the BSB acknowledged the strong feedback from the profession, which included both a willingness to address barriers to diversity and deep reservations about the regulator’s proposed rule change.
“We have concluded that we can make significant progress by working with the profession and others to achieve our desired outcomes,” the BSB said.
The regulator confirmed that it will not proceed with the rule change at this time. Instead, it will focus on developing a sector-wide strategy, drawing on its full range of regulatory tools while inviting collaboration from the profession itself.
Under the new approach, the BSB plans to:
BSB Chair Kathryn Stone emphasised the importance of a collaborative, rather than coercive, approach, stating:
“A profession that puts equality of opportunity at its heart can better reflect the society it serves and better support barristers and clients. We invite the profession to join us in developing a shared strategy to promote equality of opportunity.”
BSB Director General Mark Neale framed the challenge as “practical, not ideological”, highlighting the ongoing disparities in representation at the Bar for female, minoritised, and disabled barristers.
“Despite progress, there is still unequal opportunity to join and progress at the Bar... At root, this requires a change of culture.”
Neale stressed that meaningful change would require the support and active collaboration of the profession itself.
Bar Council Chair Barbara Mills KC welcomed the BSB’s decision to retain the existing clear duty not to discriminate, saying:
“This is the right decision, and we’re pleased that the BSB has genuinely listened to feedback from the Bar.”
She confirmed the Bar Council’s commitment to engage fully with the BSB’s forthcoming strategy, drawing on its experience delivering programmes and initiatives to foster cultural change within the profession.
