Bar Standards Board backtracks on proposals to change core duty on equality and diversity

The Bar Standards Board has announced that it will no longer go ahead with proposals to change the barristers’ core duty on equality and diversity, following a public consultation.

The regulator said it would instead focus on setting “clear expectations” for the progress it wants to see over the next five years, to identify the regulatory tools it will use - including more “proactive use” of its supervision function to support chambers, and enforcement action where needed.

The headline recommendation in the BSB's September 2024 consultation, which sought views on proposals to address the barriers to equality of opportunity within the profession, was to amend Core Duty 8, to introduce a duty to “act in a way that advances equality, diversity and inclusion” when practising or otherwise providing legal services.

The Bar Council strongly opposed the proposal, arguing that, among other things, its lack of clarity would make it “impossible to enforce” and could reduce overall commitment to Equality, Diversity, and Inclusion (EDI) initiatives.

In an announcement this week (27 May), the Bar Standards Board said: “The consultation responses have given us an opportunity to reflect on our objectives and how best to achieve them in the most proportionate manner.

“[…] We have concluded that we can make significant progress by working with the profession and others to achieve our desired outcomes. For now, we will focus our efforts on developing a strategy for the sector that draws on all of our regulatory tools and invites the collaboration of others. We therefore will not be moving forward at this time with the proposals on which we consulted.”

Welcoming the move, Barbara Mills KC, Chair of the Bar Council, said: “The Bar Council is deeply committed to equality, diversity and inclusion at the Bar which is why we had significant concerns that a positive duty, as proposed by the BSB, would have taken us backwards.

“The proposals were not only impractical to implement, but they would also have been open to costly legal challenge that would hinder progress on EDI initiatives."

She added: “We therefore welcome the BSB’s reflection on our concerns and the decision not to change but to maintain the current core duty – a clear and definitive duty not to discriminate.

“We will engage fully in the development of the new strategy drawing on our expertise in delivering programmes and initiatives on culture change at the Bar.”

Lottie Winson