The Bar Council has welcomed the announcement from the Bar Standard Board (BSB) that it will not press ahead with proposals to change the barristers’ core duty on equality and diversity.

The headline recommendation in the BSB consultation last year was to amend Core Duty 8 from a clear duty not to discriminate to a duty to advance or promote EDI. The Bar Council strongly opposed the move explaining that, among other things, its lack of clarity would make it impossible to enforce and could reduce overall commitment to EDI initiatives.

The BSB will now work with the profession to develop a strategy with a plan for monitoring progress on improving EDI.

Commenting, 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. We explained that a change to core duty 8 would lack the clarity needed for barristers to be able to comply.

“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.

“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. This is the right decision, and we’re pleased that the BSB has genuinely listened to feedback from the Bar.

“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.”