The Bar Standards Board (BSB) has proposed amendments to the equality rules forming part of barristers’ conduct obligations – which currently only state they they “must not discriminate unlawfully”.

Rules for solicitors in England and Wales already require them to “act in a way that encourages equality, diversity and inclusion”.

However, the Bar Council says it believes the proposals are substantially unlawful and unenforceable, impractical, and may “hinder progress in this important area”.

As well as the new duty, it is concerned about the proposed abolition of equality and diversity officers (EDOs) and moves towards outcomes-based regulation, which it says would be unworkable and inappropriate for EDI.

The Bar Council has proposed a “simplified and workable” alternative set of rules, incorporating a duty to comply with the Equality Act, having specified policies in place and following them, retaining and supporting the role of EDOs, and undertaking a minimum number of hours of EDI training a year.

Sam Townend KC, chair of the Bar Council, said: “The Bar Council is deeply committed to supporting and improving equality, diversity and inclusion at the Bar.

“It is because of this commitment that we cannot support proposals for a new positive duty that lacks clarity, is probably unlawful and subject to challenge, impractical in implementation and ultimately likely to hinder progress on these issues.

“While periodic review of the regulatory framework is welcome, and we accept some amendments to the equality rules are needed, it is disappointing that the Bar Standards Board were not willing to consult with the Bar Council in any substantive way prior to publishing its consultation. Many of the deficiencies might have been avoided.

“Overall, the BSB’s proposed approach lacks the clarity required for proportionate, robust, effective and enforceable regulation. We note that the proposals have generated a negative response from the Bar, even where there is support for what the BSB is trying to achieve.

“Equality and diversity officers in chambers perform a vital role in chambers as experts and champions in this arena. It would be a real mistake for the role to be abolished. In the absence of an EDO there is a real risk that nothing will happen. Instead, the BSB should be supporting and enhancing the role of EDOs.”

He added: “If the BSB’s proposals were enacted and subject to legal challenge this could become a lengthy and costly distraction from the essential work of improving equality, diversity and inclusion across the Bar.

“We ask the BSB to rethink these proposals and work with the Bar Council and others to ensure that we have an effective regulatory framework and the necessary guidance to help the Bar comply.”