Neale: Staying out of the way is not the answer
The Bar Standards Board (BSB) has rejected a Bar Council call to take a step back from efforts to improve equality, diversity and inclusion and instead leave it to the profession.
In an unusual public rebuke, director general Mark Neale said: “Should we stay out of the way? My answer is a firm ‘no’.”
We reported last month that Bar Council chair Sam Townend had urged the BSB to let it lead the work, not least because the regulator needed to focus on improving its core performance.
Speaking to Legal Futures, he said that while the BSB “obviously have a role in relation to minimum standards… my concern is one of duplication of effort, of the Bar being potentially confused, if not debilitated, by having advice, guidance or something accompanied by sanctions”.
Writing on the BSB website, Mr Neale pointed out that the regulator “could not get out of the way even if we wanted to”, because of the regulatory objectives in the Legal Services Act 2007, such as that it must promote “a strong, diverse, independent legal profession”
“Duplication of interest does not necessarily lead to duplication of activity,” he continued, stressing that he did not doubt the commitment of the Bar Council to address the continuing diversity issues facing the Bar, notwithstanding the progress made in recent years.
“Students from minoritised backgrounds are half as likely to be successful with pupillage applications as equivalently qualified white counterparts,” he said.
“Research we published earlier this year tells us that many chambers are still putting disproportionate weight on candidates’ polish. We know from other recent research that certain regional accents will also put you at a disadvantage.”
There were also problems with career progression for women and ethnic minority barristers, chambers being inaccessible to disabled people, and high levels of bullying and harassment.
Mr Neale argued that regulation had a role to play in tackling these issues.
“It can help by influencing the culture itself. Change will only come about if the profession buys into it. But to buy into change, the profession must confront and debate the challenges and identify solutions.
“That is why we shall shortly consult on a new core duty on all barristers actively to promote equality. Avoidance of discrimination is important, but not enough.
“Regulation can also help by ensuring, through our equality rules, that there are clear minimum expectations of chambers which will permit a critical examination of the long-standing practices…
“Finally, regulation can help by signalling clearly where the boundaries of acceptable conduct lie and by providing a robust deterrent to unacceptable behaviour. This is nowhere more important than in the case of bullying and harassment.”
Mr Neale concluded that the BSB and the profession needed to work together to achieve a diverse and inclusive profession.
“The regulator staying out of the way is not the answer.”
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