Legal Services Board has “duty to act” on profession’s diversity

Westwood: Regulation can and should be a powerful catalyst for change

The Legal Services Board (LSB) not only has “the right to act” to improve diversity in the legal profession, but is under “a duty to act”, its new chief executive has said.

Craig Westwood, who took on the role six months ago, said regulation “must do more than provide a safety net”, and should be “innovative and proactive”.

Mr Westwood, formerly a director at the Electoral Commission, joined the LSB last August.

“In my first few months in the sector, the message that has come through to me quite strongly is that we talk passionately about understanding problems, and there are many examples of good activity and some progress on EDI, but that progress has not been sufficient and it has been too slow.”

Speaking at a Westminster Legal Policy Forum seminar on Next steps for equality, diversity and inclusion in the legal profession, Mr Westwood said the time had come for “real, decisive action to address the deep-rooted problems in the sector”.

Later this year, the LSB would  launch a consultation on higher expectations for regulators to promote equality and boost diversity in the profession, he said, with the aim of making it the “best and most effective tool” to drive improvement.

“I know that some in the sector believe that regulation is just about setting rules and stepping in when somethings goes wrong, but in reality it can do much more than that. Regulation can and should be a powerful catalyst for change.

“It can help promote equality and encourage diversity. It can be a key driver of positive change. It will create a stronger, more outward-facing sector, which supports positive outcomes for consumers and help our economy to thrive.”

Mr Westwood said the new approach being developed would set “targeted expectations for regulators and challenge them to take action”.

He went on: “We will use our non-statutory levers more effectively to drive the long-term cultural and behavioural change that we want to achieve.

“Some think the profession itself should be the only leader in promoting equality, diversity and positive cultures. I disagree.

“Regulation that is proportionate, targeted and support sector growth can play a strong and positive role in driving change. We not only have the right to act, we have a duty to act.”

Aileen Armstrong, executive director of strategy, innovation and external affairs at the Solicitors Regulation Authority (SRA), said “moving the dial” on diversity “required an effort from multiple stakeholders”.

“The truth is that complex, multi-faceted issues won’t be solved by a couple of bodies sitting in a corner and doing their own thing.”

For example, the SRA had “much more to do” to address the differential in assessment results between white and ethnic minority students on the Solicitors Qualifying Exam (SQE), and was “trying to develop an action plan” with other institutions.

Mark Neale, director general of the Bar Standards Board (BSB) said he agreed with Ms Armstrong about the need for co-operation.

Referring to the BSB’s consultation on a new equality duty, launched in September and strongly opposed by many barristers, he said: “I would emphasise that we approach EDI from an empirical perspective.

“We don’t recognise it as carrying ideological freight. These are fairness issues that we need to judge against the evidence.”

As examples of where the Bar “had more to do”, he mentioned ethnic minority candidates finding it harder to get pupillages, despite having the same qualifications, and women barristers earning less than their male counterparts.

“Merit is not winning out at the moment. The task for the regulator, in partnership with the profession, is to ensure that it does win out.”