In 2012, Desmond Browne QC led a review of the Bar Standards Board's disciplinary procedures. A recent Bar Standards Board report indicates that 75% of the recommendations have already been
In 2012, Desmond Browne QC led a review of the Bar Standards Board's disciplinary procedures. A recent Bar Standards Board report indicates that 75% of the recommendations have already been implemented.
The Browne review identified failures within the system and made a number of recommendations. Some of the issues identified included potential conflicts of interest for panel members who also formed part of related Committees and the absence of policies for procedures such as disclosure. In addition, the review identified issue around whether Tribunal members were eligible to sit on disciplinary proceedings (which was the basis for an unsuccessful application for judicial review in October of 2013). The report also highlighted the need for transparency from the Tribunals' service by publishing information about its performance in an annual report to the Council of the Inns of Court.
The review recommended that a Bar Tribunals and Adjudication Service ('BTAS') be set up and the first annual report by BTAS has now been issued. According to an update from the BSB, an entirely new pool of Tribunal panel members and clerks has been recruited to BTAS. Although the size and diversity has been addressed they still appear to have experienced some difficulties with availability of panellists. BTAS has instituted an improved system of conflict checks for members and has led a recruitment drive for panel members. In addition BTAS has moved into premises in Gray's Inn which have two Tribunal rooms fitted with digital recording facilities. Some of the recommendations which remain outstanding relate to the proposed minimum sitting requirements and the sitting fees for the Barrister members. The merits of a full case management system are also being considered.
It is anticipated that the reforms will create an independent and more modern Tribunal service which will operate in a fair and transparent manner.
The Browne review identified failures within the system and made a number of recommendations. Some of the issues identified included potential conflicts of interest for panel members who also formed part of related Committees and the absence of policies for procedures such as disclosure. In addition, the review identified issue around whether Tribunal members were eligible to sit on disciplinary proceedings (which was the basis for an unsuccessful application for judicial review in October of 2013). The report also highlighted the need for transparency from the Tribunals' service by publishing information about its performance in an annual report to the Council of the Inns of Court.
The review recommended that a Bar Tribunals and Adjudication Service ('BTAS') be set up and the first annual report by BTAS has now been issued. According to an update from the BSB, an entirely new pool of Tribunal panel members and clerks has been recruited to BTAS. Although the size and diversity has been addressed they still appear to have experienced some difficulties with availability of panellists. BTAS has instituted an improved system of conflict checks for members and has led a recruitment drive for panel members. In addition BTAS has moved into premises in Gray's Inn which have two Tribunal rooms fitted with digital recording facilities. Some of the recommendations which remain outstanding relate to the proposed minimum sitting requirements and the sitting fees for the Barrister members. The merits of a full case management system are also being considered.
It is anticipated that the reforms will create an independent and more modern Tribunal service which will operate in a fair and transparent manner.