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Chair of the Bar Sam Townend KC highlights some of the key achievements at the Bar Council this year
As we move towards the end of the calendar year (and the end of my term as Chair) it is useful to take stock. Clearly the biggest event of 2024 for the future of the Bar and the justice system was the change in government.
I am glad to see the end of the routine traducing of lawyers and judges by some in politics, including lawyer ministers who really should know better, and I endorse what seems to be a collective government commitment to upholding the rule of law and respect for decisions of the court. These things are, of course, easier to say in principle than to apply in the cauldron of modern-day politics, but the Bar Council will be there to hold the government to its stated intent.
Another test for the new government will be whether it secures the substantial resources for the justice system essential to make up the funding gap that has yawned over the past decade and more. All year the Bar Council has been pressing for more resources for the justice sector as a whole and especially for barristers carrying out publicly funded work. The headline budget figures are modestly encouraging, but the ‘devil is in the detail’ (some of which will have come out by the time you read this) and will not be transformative.
I continue to press government for an immediate 15% uplift in criminal fees following the publication of the first Criminal Legal Aid Advisory Board report stewarded wonderfully by HH Deborah Taylor. A permanent solution is needed to end the horrendous five to seven year cycle of fee debates, discontent, strike and belated fee increase. A new, independent fee review body could help do this and the model already works well for the judiciary and others in the public sector.
A key point in support of our case is that legal services and the Bar, in particular, has huge potential to grow and to contribute to the economy, but that contribution needs to be nurtured by funding properly the courts, judges, and professions on which it is based. TheCityUK has provided data that shows that justice is the only public service sector where the tax contribution made by the sector exceeds, significantly, the government spend on that public service.
As access to justice is also the fundamental public service upon which all other public goods are founded, it really ought to be treated differently when it comes to next spring’s Spending Review. Our sector, contributing 1.6% of GDP, is a powerful engine of growth, employment and social mobility.
One of the ways the Bar gives back is through our pro bono efforts, particularly through the two excellent Bar charities, Advocate and the Free Representation Unit, for whose services demand (sadly) continues to increase. Thousands of us provide services or fundraise each year in support of access to justice. This year I was delighted that the London Legal Walk attracted sponsorship of over £1 million for the first time. I was very pleased to organise the first ‘Bar v Bench’ race to mark its 20 years’ anniversary. I look forward to captaining the Bar team in the 10k race against the judges next year, my successor having declined to take on that particular task.
It has been an enormous privilege to lead the profession this year. It may appear trite, but I certainly feel that way. My year as Chair has been entirely engrossing and never mundane. Legal policy and Bar politics are not for everyone, but the role entirely suits my interests and, I hope, aptitude. I have certainly tried my best.
There have been difficult moments. One persistent challenge has been the relationship with the Bar Standards Board (BSB). While the Bar Council is formally the approved regulator (under the Legal Services Act 2007), I have found limited traction in seeking to work together, in obtaining assurance as to the BSB’s performance, and on endeavouring to keep a lid on the now annual above inflation hikes in the budget the BSB sets for itself. I hope that the new year can mark a change in approach on both sides, especially as in most respects we have the shared interests of the Bar and the public in mind.
I want to publicly thank and pay tribute to the staff, led by Malcolm Cree CBE, who supported me and work tirelessly for the interests of the Bar. The leadership of the Bar Council will now be in the hands of my brilliant Vice Chair, Barbara Mills KC, whose sage advice has been invaluable, along with Kirsty Brimelow KC as the incoming Vice Chair. I wish Barbara and the new team my very best wishes for next year. May I also wish you a restful and restorative Christmas and New Year.
As we move towards the end of the calendar year (and the end of my term as Chair) it is useful to take stock. Clearly the biggest event of 2024 for the future of the Bar and the justice system was the change in government.
I am glad to see the end of the routine traducing of lawyers and judges by some in politics, including lawyer ministers who really should know better, and I endorse what seems to be a collective government commitment to upholding the rule of law and respect for decisions of the court. These things are, of course, easier to say in principle than to apply in the cauldron of modern-day politics, but the Bar Council will be there to hold the government to its stated intent.
Another test for the new government will be whether it secures the substantial resources for the justice system essential to make up the funding gap that has yawned over the past decade and more. All year the Bar Council has been pressing for more resources for the justice sector as a whole and especially for barristers carrying out publicly funded work. The headline budget figures are modestly encouraging, but the ‘devil is in the detail’ (some of which will have come out by the time you read this) and will not be transformative.
I continue to press government for an immediate 15% uplift in criminal fees following the publication of the first Criminal Legal Aid Advisory Board report stewarded wonderfully by HH Deborah Taylor. A permanent solution is needed to end the horrendous five to seven year cycle of fee debates, discontent, strike and belated fee increase. A new, independent fee review body could help do this and the model already works well for the judiciary and others in the public sector.
A key point in support of our case is that legal services and the Bar, in particular, has huge potential to grow and to contribute to the economy, but that contribution needs to be nurtured by funding properly the courts, judges, and professions on which it is based. TheCityUK has provided data that shows that justice is the only public service sector where the tax contribution made by the sector exceeds, significantly, the government spend on that public service.
As access to justice is also the fundamental public service upon which all other public goods are founded, it really ought to be treated differently when it comes to next spring’s Spending Review. Our sector, contributing 1.6% of GDP, is a powerful engine of growth, employment and social mobility.
One of the ways the Bar gives back is through our pro bono efforts, particularly through the two excellent Bar charities, Advocate and the Free Representation Unit, for whose services demand (sadly) continues to increase. Thousands of us provide services or fundraise each year in support of access to justice. This year I was delighted that the London Legal Walk attracted sponsorship of over £1 million for the first time. I was very pleased to organise the first ‘Bar v Bench’ race to mark its 20 years’ anniversary. I look forward to captaining the Bar team in the 10k race against the judges next year, my successor having declined to take on that particular task.
It has been an enormous privilege to lead the profession this year. It may appear trite, but I certainly feel that way. My year as Chair has been entirely engrossing and never mundane. Legal policy and Bar politics are not for everyone, but the role entirely suits my interests and, I hope, aptitude. I have certainly tried my best.
There have been difficult moments. One persistent challenge has been the relationship with the Bar Standards Board (BSB). While the Bar Council is formally the approved regulator (under the Legal Services Act 2007), I have found limited traction in seeking to work together, in obtaining assurance as to the BSB’s performance, and on endeavouring to keep a lid on the now annual above inflation hikes in the budget the BSB sets for itself. I hope that the new year can mark a change in approach on both sides, especially as in most respects we have the shared interests of the Bar and the public in mind.
I want to publicly thank and pay tribute to the staff, led by Malcolm Cree CBE, who supported me and work tirelessly for the interests of the Bar. The leadership of the Bar Council will now be in the hands of my brilliant Vice Chair, Barbara Mills KC, whose sage advice has been invaluable, along with Kirsty Brimelow KC as the incoming Vice Chair. I wish Barbara and the new team my very best wishes for next year. May I also wish you a restful and restorative Christmas and New Year.
Chair of the Bar Sam Townend KC highlights some of the key achievements at the Bar Council this year
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