An increasing call for barristers to embody proactive anti-discrimination is being discussed.
- Dr Arun Midha suggests barristers should actively promote diversity and inclusion.
- The move aims to transition from basic non-discrimination to active promotion of equality.
- Ongoing reviews offer a chance to redefine conduct to counter harassment and discrimination.
- This initiative seeks embedding values of respect and anti-discrimination in legal practice.
Dr Arun Midha, a prominent figure in regulation and standards, recommends that barristers should shoulder the responsibility of promoting anti-discriminatory attitudes and behaviours. This suggestion stems from the conviction that barristers hold a significant societal role, necessitating them to lead by example in the realms of diversity and inclusion.
In an article for Counsel magazine, Dr Midha addressed the emerging discourse surrounding the legal profession’s role in combating discrimination. His remarks come at a pivotal moment, coinciding with the Bar Council’s independent review of bullying and harassment led by Harriet Harman KC. Concurrently, the Bar Standards Board (BSB) is reviewing its equality rules, specifically contemplating the enhancement of core duty 8, which presently states barristers must not unlawfully discriminate, to possibly enforcing a duty that advances equality, diversity, and inclusion proactively.
Dr Midha argues that merely having a code opposing discrimination is insufficient, citing numerous allegations of bullying, racism, and sexism within the profession. He emphasises that the Bar should amplify its conduct codes to incorporate explicit values of anti-racism and anti-sexism, thereby actively promoting anti-discrimination.
Furthermore, he reiterates that these values are not about being ‘politically correct’ or ‘woke’; instead, they are rooted in fundamental respect for others. This viewpoint is juxtaposed against a climate where the Bar Council seeks to lead on equality matters, though the BSB, the regulator, has thus far declined to defer leadership to it.
Dr Midha’s stance is supported by insights from Professor Michael Maguire and Dr Robin James, experts in regulatory conduct, who have similarly tackled bullying and discriminatory issues among MPs. Their expertise parallels the considerations being explored within the legal profession, highlighting a broader necessity for unwavering commitment to fostering an inclusive professional environment.
The initiative underscores the pressing need for the legal community to actively champion values rooted in respect and equality.
