The Bar Standards Board (BSB) has confirmed it will no longer pursue a proposed core duty requiring barristers to “act in a way that advances equality, diversity and inclusion,” following critical feedback from the profession.

While the current BSB Handbook (view current version) already mandates that barristers must not unlawfully discriminate, the regulator had sought to align its requirements more closely with those applied to solicitors. However, the Bar Council strongly opposed the plan, warning it could be “counter-productive” and “probably unlawful.”

In a statement today, BSB director general Mark Neale explained the reasoning behind the decision:

“The challenge here is a practical one, not an ideological one: to ensure that merit, not background, determines success at the bar.
Despite progress, there is still unequal opportunity to join and progress at the bar for female barristers, barristers from minoritised backgrounds and disabled barristers. At root, this requires a change of culture. Such a change requires the support and active collaboration of the profession. We are committed to working constructively to make progress in areas like this where we have shared objectives.”

The initial proposal followed a consultation launched in September, in which the BSB sought feedback on how best to improve equality of opportunity within the profession. The regulator acknowledged persistent issues, including lower average earnings and underrepresentation for women, ethnic minorities, and disabled individuals at the Bar.

However, the suggestion to formalize a duty to “advance” equality drew criticism for being overly prescriptive and unclear in practical application. As a result, the BSB recognized the consultation as an opportunity to reassess its strategy and adopt a more proportionate approach.

Looking forward, the BSB says it will focus on setting expectations for the next five years, working collaboratively with the profession. A new plan will soon be published outlining how progress will be measured and evaluated, with the possibility of updating guidance and rules as needed.

Kathryn Stone OBE, chair of the BSB, added:

“The board has been impressed by the quality and thoughtfulness of the response to our consultation from the profession. It underlines the scope for a collaborative, rather than rule-based, approach to achieve shared objectives.”

Source: John Hyde, The Law Society Gazette