{"id":261341,"date":"2025-05-28T08:21:55","date_gmt":"2025-05-28T08:21:55","guid":{"rendered":"https:\/\/peraltafinancing.com\/business\/legal\/bar-regulator-abandons-plans-to-introduce-barrister-equality-duty\/"},"modified":"2025-05-28T08:21:55","modified_gmt":"2025-05-28T08:21:55","slug":"bar-regulator-abandons-plans-to-introduce-barrister-equality-duty","status":"publish","type":"post","link":"https:\/\/fivemor.com\/?p=261341","title":{"rendered":"Bar regulator abandons plans to introduce barrister equality duty"},"content":{"rendered":"


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Controversial BSB rule dropped after backlash<\/p>\n

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The Bar Standards Board (BSB) has abandoned plans to a new rule that would impact a positive duty on to \u201cact in a way that advances equality, diversity, and inclusion\u201d.<\/strong><\/p>\n

The bar regulator conducted a public consultation last year which sought views on proposals to address the barriers to equality of opportunity within the profession. <\/p>\n

Much of the feedback centred on the proposed amendment to Core Duty 8<\/a>, which would change it from a clear duty not to discriminate to a duty to advance or promote equality, diversity, and inclusion (EDI). <\/p>\n

The Bar Council strongly opposed<\/a> the move at the time, arguing that its lack of clarity would make it difficult to enforce and could ultimately undermine commitment to EDI initiatives<\/p>\n

Under the existing rules, barristers are required not to \u201cdiscriminate unlawfully against any person\u201d.<\/p>\n

In a statement yesterday, the BSB said it \u201crecognises how important this consultation has been and has considered a range of different options, including changes to the rules and how we use our full regulatory toolkit\u201d. <\/p>\n

The regulator went on to confirm that it will \u201cnot be moving forward at this time with the proposals\u201d and will instead focus on measuring progress towards outcomes and working with stakeholders to support the bar in advancing diversity and inclusion.<\/p>\n

The 2025\u00a0Legal Cheek<\/em> Chambers Most List<\/strong><\/a><\/div>\n

Mark Neale, director general of the BSB, said:<\/p>\n

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\u201cThe challenge here is a practical one, not an ideological one: to ensure that merit, not background, determines success at the bar. Despite progress, there is still unequal opportunity to join and progress at the bar for female barristers, barristers from minoritised backgrounds and disabled barristers. At root, this requires a change of culture. Such a change requires the support and active collaboration of the profession. We are committed to working constructively to make progress in areas like this where we have shared objectives.\u201d<\/p>\n<\/blockquote>\n

The decision to abandon the new rule was welcomed by the Bar Council chair Barbara Mills KC.<\/p>\n

\u201cThe 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,\u201d she said. \u201cWe therefore welcome the BSB\u2019s reflection on our concerns and the decision not to change but to maintain the current core duty \u2014 a clear and definitive duty not to discriminate. This is the right decision, and we\u2019re pleased that the BSB has genuinely listened to feedback from the bar.\u201d<\/p>\n<\/p><\/div>\n