Bar regulator to impose new diversity and inclusion duty

Barristers could come under greater pressure to prove their commitment to equality, diversity and inclusion (EDI) under proposals unveiled by the Bar Standards Board today. However the bar's representative body warned against 'radical change', saying the proposed new duty could have 'unintended detrimental consequences'.

Under core duty 8 in the BSB Handbook, barristers practising or otherwise providing legal services ‘must not discriminate unlawfully against any person’. The BSB wants to replace this with a new duty that states: ‘You must act in a way that advances equality, diversity and inclusion’. 

Solicitors Regulation Authority principles already require solicitors to 'act in a way that encourages equality, diversity and inclusion'.

The BSB’s consultation document states: ‘It is important that every barrister sees this as a duty that applies to them in their professional role, and that the BSB is able to take action against behaviour which works against equality, diversity and inclusion.

‘The current core duty requires barristers not to “discriminate unlawfully”. However, in order to achieve the culture change needed, we believe the duty needs to go further. We believe it should be a core expectation of all practising barristers that they demonstrate an appropriate commitment, through their practice, to equality, diversity and inclusion. This will form the basis of our future regulatory action in this area and will be central to achieving behaviour and culture change across the profession.’

The consultation document also sets out proposed new Equality Rules focused on ‘specific outcomes’ and requirements to achieve them.

BSB director general Mark Neale said the organisation wants to ensure the bar is inclusive and represents 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’, Neale said.

Bar chair Sam Townend KC said an effective regulatory framework on EDI was essential and ‘evidence-based’ regulations must provide clarity to barristers and chambers. However, 'It is also essential that any proposals for change are compliant with the law and have adequately considered enforceability, otherwise important provisions to improve EDI could be meaningless', Townend added.

‘Much of the progress made on EDI in chambers is thanks to the voluntary work of [equality and diversity officers] and we are keen to make sure that any regulatory changes do not undermine that work. Radical change is certainly disruptive and may have unintended detrimental consequences.’

The consultation closes at 5pm on 29 November.

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