Following the publication of a Joint Opinion by Jason Coppel KC and Tom Cross KC, the Bar Standards Board, which regulates barristers, has abandoned proposals to amend the Core Duty and Equality Rules applicable to barristers.
The proposals would have required barristers to “act in a way that advances equality, diversion and inclusion” and to take reasonable steps to meet certain “equality outcomes”. They would also have required chambers and other regulated entities to have an action plan to “address disparities” in certain data.
In the Opinion, they argued that a decision to adopt the proposals would be liable to be quashed on a claim for judicial review, including because: the rules would be directly discriminatory against at least some barristers or, alternatively, would constitute indirect discrimination against some barristers; and would be incompatible with barristers’ rights under articles 9 and 10 of the European Convention on Human Rights and thus breach section 6 of the Human Rights Act 1998. The Opinion was covered by the journalist Joshua Rozenberg with the permission of the Free Speech Union who instructed Mr Coppel and Mr Cross.
In a statement on its website, the BSB has stated: “For now, we will focus our efforts on developing a strategy for the sector that draws on all of our regulatory tools and invites the collaboration of others. We therefore will not be moving forward at this time with the proposals on which we consulted”.
Press stories include:
BSB ditches controversial proposal for new diversity duty to be imposed on barristers | Law Gazette
Bar regulator drops plan for controversial new equality duty – Legal Futures
