The Bar Standards Board (BSB) has launched a consultation on the regulation of equality, diversity and inclusion (EDI) at the Bar, including proposals to:

• amend Core Duty 8 from the duty not to discriminate unlawfully to a duty to advance equality, diversity and inclusion
• move to outcomes-based regulation of equality rules

The Bar Council will be submitting a detailed response to the consultation and making this available to the Bar to support individual and organisational submissions.

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. 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.

“Providing an effective regulatory framework on EDI is essential, and any regulations must be evidence-based and provide clarity to barristers and chambers. 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.

“Much of the progress made on EDI in chambers is thanks to the voluntary work of EDOs (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.

“On the proposals to move to outcomes-based regulation we have previously raised concerns that this could pose significant challenges for the Bar and may be ineffective. We will need to consider whether the BSB’s proposals for outcomes-based EDI regulation sufficiently address the challenges we identified.

“It is clear that the proposals in the BSB’s consultation will affect the profession significantly and the Bar Council will scrutinise the consultation carefully. We encourage everyone at the Bar to do the same.”

1. The BSB consultation press release and link to the consultation document is available at: https://www.barstandardsboard.org.uk/resources/press-releases/bar-standards-board-consults-on-revised-proposals-to-promote-equality-diversity-and-inclusion-at-the-bar.html
2. On the specific proposals to move to outcomes-based regulation, this formed part of the BSB consultation on the regulation of barristers in chambers which ran from October 2023 to February 2024. The Bar Council response to that consultation said:

“Outcomes focussed regulation poses some significant challenges… Barristers deal with legal and regulatory duties every day of their working lives.  They are adept at reading and comprehending complex legislation and regulations that provide legal certainty. An outcome is, by its nature, an inherently vague exposition of a desired result. Barristers, generally, work long hours in an intellectually demanding job. Reading, considering and understanding outcomes, then devising ways to achieve them, is not a task that they have time or incentive to carry out.”

1. The Bar Council is the voice of the barrister profession in England and Wales. We lead, represent and support the Bar in the public interest, championing the rule of law and access to justice. Our nearly 18,000 members – self-employed and employed barristers – make up a united Bar that aims to be strong, inclusive, independent and influential. www.barcouncil.org.uk