ࡱ> c Pbjbj CffEG  ///8g</&ooLNNNNNN$#٠xr"r?hd8LL ie}sDFb8QQQ rrQ :  BAR STANDARDS BOARD EQUALITY & DIVERSITY POLICY & ACTION PLAN 2007 TO 2008 INTRODUCTION The Bar Standards Board (BSB) has a strategic objective to promote diversity within the Bar. We welcome the advent of public duties to promote race, disability and gender equality (see Appendix A) and recognise that these will enable us and other public bodies to recruit the best people, and to play our role in making the justice system fair, accessible and credible. It is an important function of the BSB to explain and demonstrate the benefits of equality and diversity. The Board has agreed the following priority objectives for its work during 2008:  This paper sets out how the Board intends to meet these priority objectives. BACKGROUND The Bar plays an essential role in the administration of justice. It provides advice to clients from all sectors of the community and represents them in litigation. Most senior judicial posts are filled by former barristers. If the justice system is to be credible then the Bar must be seen to be open to all those who have the ability to practise as barristers. Moreover, progression within the profession must not be held back as a result of unjustifiable discrimination. Finally, the BSBs own processes should encourage and promote diversity. There are currently 14,900 practising barristers, of whom 12,000 are in self-employed practice and 2,900 in employed practice. Of these 33.4% are women and 11.2% are members of an ethnic minority. The figures for members of ethnic minorities suggest that they are well represented within the profession up to the level of Silk. Women began entering practice in significant numbers in the 1970s and 1980s. Statistics show that women formed 5% of the self-employed Bar in 1975 and 33% by 2005. The representation of women is stronger in employed practice, rising from 38% in 1995 to 46% in 2006. Women and men graduate from the Bar Vocational Course (BVC) in roughly equal numbers; between 2001-2006, the proportion of women pupils varied between 47% and 52%. This suggests that at entry level women are appropriately represented. However, there are concerns about retaining women throughout their careers. The position of ethnic minority barristers is not so well documented. The first survey of ethnic minority barristers was carried out by external consultants in 1989. This showed that approximately 6% of barristers were of ethnic minority origins mainly in London. The current figures for the practising Bar are 10.4% (self-employed) and 14.9% (employed). Between 2001 2006 the ethnic minority proportion of pupils ranged between 20% (2001-2002) and 15% (2005-2006) the fall was partly due to the ending of un-funded pupillages. Little is known about the position of disabled barristers. In 2006 all self-employed barristers were asked if they consider themselves to be disabled and the nature of their disability; only 20 barristers responded. The question is being repeated in this years chambers return with a fuller explanation of why the information is needed. A disability question is also included in BVC online and on the pupillage registration form. In each of the last two years 2% of pupils have indicated that they have a disability. The Age Discrimination Regulations came into force in 2006. Their impact on pupillage selection is currently being assessed. In 2005/6 90% of all pupils were under 35 compared with 85% the previous year. The Entry to the Bar Working Party ( Neuberger) was set up to develop proposals for identifying and reducing barriers to entry for minority and socially and economically disadvantaged students. The latest pupillage statistics show that 83% of pupils came from families whose occupations placed them in the top two socio-economic classes (managerial & professional occupations). The BSB will look closely at any recommendations coming out of this working party which have a regulatory impact. The main concerns of the BSB, therefore, are: To ensure that procedures for entering the profession are robust; To encourage greater retention of women at the self-employed Bar; To obtain improved information to enable it to consider whether further work needs to be done in respect of other minority groups; To ensure that its own procedures encourage diversity. The objectives identified by the BSB will address these concerns. OBJECTIVE 1 - TO WORK TOWARDS ENSURING DIVERSE ENTRY TO THE PROFESSION It is essential that all aspiring barristers should be able to compete for entry to the profession on merit. BVC providers, sets of chambers and employers offering pupillages are the gatekeepers of the profession. In 2006 1932 people commenced the Bar Vocational Course (BVC). These people compete for between 500 and 600 pupillages and fewer tenancies at the self-employed Bar. This makes it particularly important that the recruitment procedures within Chambers are based on merit and are free from discrimination. In 2006, 15% of pupils were from ethnic minorities and 48% were women. These figures exclude 88 pupils for whom we have no ethnic origin information. There are anecdotal concerns that disabled candidates face particular difficulties both on the BVC and in obtaining pupillages. These figures suggest that women and ethnic minorities are well represented at pupillage level but, given the competition that exists for pupillages, the BSB must be alert to ensure that Chambers recruitment procedures are fair. In addition, more work needs to be done to ensure appropriate access for disabled candidates. To ensure that chambers and BVC providers recruitment practices reflect best practice and are free from discrimination, the BSB will Use the Code of Conduct and the Equality and Diversity Code to provide rules and guidance to Chambers; Develop more robust statistical information about recruitment to the Bar Improve the requirements relating to disability for BVC providers and Chambers; Monitor compliance by Chambers with the recommendations in the Equality and Diversity Code. 1.1 Equality and Diversity Code The Bars Equality and Diversity Code was approved in 2004 but, as a living document, needs to be kept under review. The Board will: 1.1.1 Amend the Code of Conduct provisions relating to age discrimination and keep under review all relevant sections of the Code of Conduct and the Equality and Diversity Code relating to entry to the profession to ensure that guidance remains in line with current law and continues to promote best practice. 1.1.2 Consider whether recruitment and selection training for members of pupillage selection panels should be a compulsory module of CPD. 1.1.3 Promote the recommendations of good practice in the Equality Code for the Bar in relation to the monitoring of recruitment and selection decisions [Action area A and Annex E]. 1.2 Developing and Evaluating Monitoring Statistics The information available to the Board about recruitment is patchy, particularly in the areas of disability, sexual orientation and socio-economic background. The Board intends to collect and analyse monitoring information about those areas. The BSB will: 1.2.1 Develop systems to enable it to monitor and evaluate statistics on: Applicants and recruits to BVC courses and outcomes/results on completion of the BVC by reference to age, ethnicity, gender and disability through statistics provided by the BVC providers themselves and BVC online; Pupillage registration using the existing supplementary registration forms; and Applicants for pupillage and appointment of new practitioners. 1.2.2 Evaluate the pilot surveys of students entering the BVC from May and October 2007 and amend BVC online accordingly. 1.2.3 Set and meet targets to ensure that monitoring information obtained through the supplementary pupillage surveys is comprehensive (98% rate of return by 2008). 1.2.4 Use monitoring information to address patterns of adverse impact revealed or suggested by the data collected. 1.3 Disability The BSB considers that greater information is needed for applicants, BVC providers and Chambers about arrangements for dealing with disability. The BSB will: 1.3.1 Require, as part of the new contracts with BVC providers to take effect in September 2008, providers to advertise their duty to make reasonable adjustments in relation to the assessment of competence for disabled students; 1.3.2 Provide appropriate guidelines to assist providers in respect of making reasonable adjustments; 1.3.3 Encourage Chambers to include - in their recruitment brochures and advertising - a statement of what disabled access they have; and to make it clear that they will meet their duty to make reasonable adjustments; and 1.3.4 As part of its work on compliance, monitor Chambers to ensure that they are making necessary reasonable adjustments to their policies, practices and their physical environment from which they work in relation to the recruitment of barristers, pupils, mini-pupils. 1.3.5 Draft disability checklists for inclusion in the monitoring scheme. Collect and publish, in conjunction with the Equality Code, examples of good practice in recruiting disabled people, which can be replicated by all BVC providers and Chambers. Ensure that disabled people are consulted and engaged in each of these activities, in accordance with the public duty (see Appendix A). 1.4 Monitoring compliance The BSB is developing procedures for monitoring compliance with the Code of Conduct and the Equality Code. The BSB will: 1.4.1 Develop a pilot scheme for monitoring compliance by Chambers and include equality and diversity within this scheme. 1.4.2 Consider ways of obtaining a comprehensive database on pupillage recruitment, including the consideration of requiring all sets of chambers to make their monitoring data available to the Bar Standards Board for inspection. 1.4.3 Monitor the take-up by chambers of recruitment and selection training provided by the Bar Council and other accredited training providers. OBJECTIVE 2 - TO WORK TOWARDS ENSURING DIVERSITY THROUGHOUT THE PROFESSION The Board wishes to ensure that there is diversity throughout the profession and that all barristers are able to progress according to their abilities. Available data and the Bar Councils ongoing exit survey indicate that women and ethnic minorities leave self-employed practice at an earlier stage than their counterparts. They also tend to practise largely in publicly funded areas of work where rates of remuneration are poorer. To improve both retention and career development, which, in turn, affect the diversity of the pool for silk and judicial appointments, it is necessary to ensure that chambers adopt good practice recommendations relating to: Career development Maternity and paternity leave and Flexible working. The crucial role played by chambers clerks in relation to allocation of work must also be taken into account. The BSB will address these concerns by: Monitoring career progression within the Bar; Promoting the career development of groups likely to experience discrimination; Ensuring that its rules and guidance are up to date; Monitoring Chambers procedures to ensure that they comply with good practice; and Promoting best practice among chambers clerks 2.1 Monitoring Career Progression The Bar Council has good data relating to gender; that relating to ethnicity is reasonable, but disability data is poor. The BSB seeks to improve its data collection in those and other areas. The BSB will: 2.1.1 Continue its annual surveys of barristers leaving or changing their practising status to establish the reasons for them leaving or changing 2.1.2 Develop mechanisms to monitor the career progression of different groups of barristers in comparison with their peers by developing: Comprehensive records of barristers race, gender, sexual orientation, age and disability; and Research programmes to monitor career progression. 2.2 Career development for groups likely to experience discrimination There is evidence of differential career progression in the profession, which may well be confirmed and amplified by the monitoring outlined at 2.1 above. The BSB will: 2.2.1 Use its monitoring data to identify any necessary rule changes or guidance changes to assist fair career progression. 2.3 Rules and Guidance The Code of Conduct and the Equality and Diversity Code are the main tools for ensuring that the BSBs regulations are up to date and promote diversity appropriately. The Board will: 2.3.1 Keep under review the section of the Equality and Diversity Code relating to existing members of the profession, in particular in relation to maternity/paternity leave and flexible working to ensure that the guidance remains up to date and promotes good practice. 2.3.2 Develop further areas for review in the light of the findings of its surveys. 2.4 Chambers Monitoring Career development is part of the work of Chambers and the BSB needs to be satisfied that Chambers are giving barristers appropriate opportunities to develop their careers. The BSB will: 2.4.1 Include in its pilot scheme in 2008 for compliance, procedures to monitor: Chambers policies for career development, maternity and paternity leave. Compliance with those policies. Promotion of the policies and the practices associated with them (such as flexible working conditions). OBJECTIVE 3 - TO ENSURE THAT THE BSB CONDUCTS ITS REGULATORY ACTIVITIES FAIRLY AND IN ACCORDANCE WITH ANTI DISCRIMINATION GOOD PRACTICE Effective regulation requires procedures that are fair and free from discrimination. The outcomes of the exercise of regulatory powers must be monitored to ensure that they are operating in a non-discriminatory way. The Bar Councils public duties require the development of a diversity equality scheme, an integral part of which is consultation and dialogue with all relevant stakeholders. The BSB has a key role to play in this scheme. Work is proceeding to produce the final version of the diversity equality scheme in 2008. The BSBs work can impact on diversity in the following ways: Through policy decisions that it takes which may promote or hinder diversity; Through its consideration of individual applications (for example for exemptions from pupillage) or complaints, which are likely to come from all sections of the community. The BSB will seek to ensure that its decisions promote diversity and that its consideration of applications for the exercise of discretion or of complaints is free from discrimination. It will do this by ensuring that: It considers the diversity implications of changes to policy and procedures; It has policies which actively promote diversity; Its staff and committee members are aware of and trained in diversity. 3.1 Policy Development The BSB will develop protocols for ensuring that all changes to policies and procedures are tested for their impact on diversity. This will be achieved through consultation with all interested bodies and through the creation of impact assessments which are, in any case, required as part of the specific duties placed on public bodies to help them meet their obligations under their general duties. The BSB will: 3.1.1 Develop procedures for carrying out impact assessments in accordance with best practice to ensure that the BSB and each of its committees takes into account the equality and diversity implications of its current proposed policies and practices. 3.1.2 Review its current arrangements for consultation and provide guidelines for identification of and consultation with all relevant groups both within the Bar and externally. 3.2 Promoting Diversity The BSB will develop policies to promote equality in accordance with those parts of the Bar Councils duties, which fall within its remit. The BSB will: 3.2.1 Work with the Bar Council to develop a diversity equality scheme; 3.2.2 In 2008 agree a timetable for the implementation of regulatory aspects of the diversity equality scheme. 3.3 Decision-Making 3.3.1 In order to ensure that its decisions are taken on merit and without discrimination, the BSB will: Provide appropriate training for all BSB committee members and staff by June 2008 and assess whether additional training is needed for staff of individual committees; Require the Qualifications Committee to: By June 2008, develop systems for monitoring, according to the race, gender, disability and age of the parties the outcomes of applications for decisions; and Collate the results of such decisions and report outcomes to the committee every 6 months; In the light of those results consider whether action needs to be taken; By October 2008 review the information for applicants for waivers to ensure that it is clear. Require the Complaints Committee to: By June 2008, develop systems for monitoring, according to the race, gender, disability and age of the parties the outcomes of applications for decisions; and Collate the results of such decisions and report outcomes to the committee every 6 months; In the light of those results consider whether action needs to be taken; By October 2008 review the information for complainants and respondents to ensure that it is clear. Require the Quality Assurance Committee to: By June 2008, develop systems for monitoring, by relation to the size and make up of chambers (race, gender, disability and age) the outcomes of compliance inspection decisions; and Collate the results of such decisions and report outcomes to the committee every 6 months; In the light of those results consider whether action needs to be taken. By October 2008 review the information on compliance inspections to ensure that it is clear. In order to ensure that its decisions are taken on merit and without discrimination the BSB will review progress against its priorities at the end of 2008. Compliance and monitoring work will remain an ongoing priority. In the light of this, the Board will develop further priorities for 2009 and beyond. September 2007     PAGE  Objective 1: To work towards ensuring diverse entry to the profession. Objective 2: To work toward ensuring diversity throughout the profession. Objective 3: To ensure that the BSB conducts its regulatory activities fairly and in accordance with anti-discrimination good practice. 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