Bar Council slams proposed change to barrister equality rules

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By Legal Cheek on

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Potentially unlawful


The Bar Council has strongly criticised a proposed rule change that would impose a positive duty on barristers to “act in a way that advances equality, diversity, and inclusion”.

It has expressed significant concerns, arguing that the proposals are substantially unlawful, unenforceable, and impractical. It also warned that the changes could potentially “hinder progress in this important area”.

Currently, barristers are required not to “discriminate unlawfully against any person”.

The Council argues that the proposed changes would impose a more onerous duty on barristers than the public sector equality duty. It also criticises the Bar Standards Board (BSB), which proposed the changes, for failing to provide evidence of their effectiveness by pointing to successes in similar regulatory settings.

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The body has instead proposed a simpler and more practical alternative. It suggests requiring compliance with the Equality Act, implementing and adhering to specified policies, maintaining and supporting the role of equality and diversity officers, and completing a minimum number of hours of equality, diversity and inclusion training annually.

Commenting, Sam Townend KC, chair of the Bar Council, said:

“The Bar Council is deeply committed to supporting and improving equality, diversity and inclusion at the bar. It is because of this commitment that we cannot support proposals for a new positive duty that lacks clarity, is probably unlawful and subject to challenge, impractical in implementation and ultimately likely to hinder progress on these issues.”

He continued:

“While periodic review of the regulatory framework is welcome, and we accept some amendments to the equality rules are needed, it is disappointing that the bar Standards Board were not willing to consult with the Bar Council in any substantive way, prior to publishing its consultation. Many of the deficiencies might have been avoided.”

Read the Bar Council’s full response.

5 Comments

Hatter

In a world of DEI madness this proposed rule is the maddest of them all.

Wigmore

Not to mention a breach of the Equality Act itself.

Worser

The Bar Council moans about not being consulted but offers up mandatory training on diversity, equality and whatever else is added from time to time without consulting on that? Will these mandatory courses be offered, for a fee, by the Bar Council? Seems like as a result of this utter tosh from BSB, the result will be the “DEI” nonsense will still be getting much worse. Bet these mandatory classes will feel like a mixture of detention and one of those speed awareness courses.

Anon

Can anyone explain the real objection / fear here? Can’t see wood for the trees.

Just Anonymous

The real objection (in my view) is that these proposals will simply impose yet more regulatory red tape on to barristers without generating any real benefit.

No reasonable person objects to equality, in the sense that we all agree that no-one should be discriminated against due to their race/sex/age etc.

However, these proposals will not advance equality. They will just force barristers to peacock about how much they believe in equality (so that, if challenged, they can ‘prove’ that they are ‘advancing’ it). It is a waste of everyone’s time and, frankly, I have far better things to be doing (such as posting on Legal Cheek).

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