Barristers would have a professional obligation to advance equality, diversity & inclusion (EDI), under proposals to amend regulations
The change to the wording of Core Duty 8 would replace the current duty not to discriminate unlawfully.
A Bar Standards Board (BSB) ‘Consultation on the proposed amendments to the equality rule’, launched this week, states: ‘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.’
The BSB also proposes moving to outcomes-based regulation of equality rules.
Sam Townend KC, chair of the Bar Council, said: ‘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.
‘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.’
The BSB previously proposed outcomes-based regulation in October 2023, ‘Consultation on the regulation of barristers in chambers’. Responding in February, the Bar Council warned this would pose ‘significant challenges’.
It said: ‘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.’
