In a recent blog post, Mark Neale, Chief Executive of the Bar Standards Board of England and Wales, rebutted the suggestion from the Chair of the Bar Council that the regulator should “stay out of the way” concerning issues of equality and diversity within the legal profession. The Bar Standards Board very different stance on these issues is rooted in the obligations set by the Legal Services Act 2007, which mandates the promotion of regulatory objectives such as protecting the public interest and promoting a strong, independent, and diverse legal profession. As the BSB sees it, these objectives inherently tie the regulator to ensuring the profession mirrors the society it serves and is accessible to all.
The necessity for regulatory involvement is underscored by persistent challenges to diversity at the Bar. Despite progress, disparities in pupillage success rates between minority groups and their White counterparts, income inequalities across gender and racial lines, and accessibility issues for disabled individuals, highlight systemic obstacles that still exist. Such challenges extend to bullying and harassment within the profession, further emphasizing the need for regulatory oversight and action.
Regulation plays a crucial role not just in setting standards but also in fostering cultural change within the profession. The BSB is proposing measures to include a new core duty for barristers to actively promote equality, revised Equality Rules to establish clear expectations for chambers in managing work distribution and fostering inclusivity, and initiatives to ensure recruitment focuses on potential rather than superficial “polish.”
These regulatory actions aim to not only set a framework for accountability and conduct within the profession but also support cultural shifts towards a more inclusive legal community. The BSB believes that the regulator’s proactive stance is essential in catalyzing these changes, working in concert with the profession to address and overcome the deep-rooted inequalities that persist.