BSB consults on new diversity rules

The Bar Standards Board (BSB) has launched a public consultation to solicit feedback on new rules designed to advance equality, diversity, and inclusion within the Bar. Despite recent progress, significant challenges persist in ensuring fair access to the profession, retaining qualified practitioners, and addressing issues of bullying, discrimination, and harassment.

The consultation document proposes several key changes, including a revision to Core Duty 8. This proposed change would impose a positive obligation on barristers to “act in a way that advances equality, diversity, and inclusion” while providing legal services. Additionally, the BSB is considering a shift towards an outcomes-focused approach for these equality rules, although it plans to maintain specific prescriptive requirements for transparency and accountability. These proposals are based on extensive engagement with the profession, including the Inns of Court, various BSB Task Forces, and insights gained from research on current inequalities and the effectiveness of existing rules.

The BSB will also hold targeted engagement sessions with stakeholders potentially affected by these proposals, including the Inns of Court and Circuits across England and Wales, specialist Bar Associations, and equality-focused groups representing those who face barriers in the profession. The public consultation is open until 5 PM on Friday, November 29. The full consultation document and response forms are available online.

Mark Neale, BSB Director General, commented on the consultation's launch: “We want to ensure that the Bar is as inclusive as possible and that it is truly representative of 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. We hope that you will take this opportunity to share your views with us so we can ensure our proposals are fully informed by your experience.”

This consultation represents a crucial step in the BSB’s ongoing efforts to address inequalities and foster a more inclusive legal profession.