The Bar Standards Board has insisted it is not harming the cab rank rule by proposing new duties to enhance equality.
The bar regulator has faced criticism since it proposed last month to replace the duty not to discriminate unlawfully with a new duty to ‘act in a way that advances equality, diversity and inclusion’.
Speaking at the Legal Wales conference last week, director of strategy and policy Ewan MacLeod admitted that the policy had been ‘controversial’ but denied it was an attempt to impose on barristers who they should represent.
‘It is not intended in any way to undermine the cab rank rule,’ he said. ‘It is more about process management and how we can create a more inclusive culture. As a barrister you may have to represent people whose views you disagree with – that is quite separate from this core duty.’
The proposed change has come under fire from a number of sources, including Andreas Gledhill and Lord Wolfson of Tredegar KC who wrote an open letter to the Bar Council urging it to oppose the new duty.
They wrote: ‘The Bar Standards Board’s objective of imposing conformity with its equality, diversity and inclusion agenda by way of binding professional obligations, on pain of disciplinary proceedings, is coercive, illiberal, and dangerous.’
Andrew Lomas, of One Essex Court, accused the BSB of seeking to politicise the profession and losing focus on its core duty of ensuring that barristers have a clear, predictable and consistent professional framework.
MacLeod revealed that the consultation, which runs until 29 November to run, has already had 80 responses and said there was ‘no harm’ in stimulating discussion.
He added: ‘We will read all of those responses and reflect on them and I would be surprised if we don’t make some amendments in the light of that.’
Asked to cite areas where chambers could improve their approach to inclusion, MacLeod said: ‘Often at the bar we talk about mentoring schemes and supporting people from a non-traditional background to help them acclimatise and get used to how things are done and blend in.
‘The challenge should be to look in the mirror at how we can be more inclusive. [In recruitment] there is one word that comes out when people are choosing [a candidate] and that is “polish”. If that is the basis of your decision-making then obviously you are going to be biased to people who come from a certain background.’
