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Today’s #BarCouncil meeting is just starting by video; the AG, @SuellaBraverman, is here, & she will be chairing the Bar AGM at 11am
Amanda Pinto QC, chair of #BarCouncil, gives report - see @seanjonesqc thread for details
Robert Rhodes QC asks if #BarCouncil has made representations to @barstandards about humiliating treatment of students in not being allowed toilet breaks in exams this summer
Nicholas Vineall QC confirms representations have been made; @seanjonesqc asks about public sector equality duty for resits
Michael Polak, @YoungBarristers, says problems went far beyond toilet breaks eg problems in booking exams - says many barristers hugely concerned
Baroness Blackstone: BSB apologises for problems - used experienced provider - providing pen & paper resits, will provide reasonable adjustments; resits available to anyone who believes didn’t do self justice; won’t waive exams: duty to ensure standards, 1/3 students usually fail
Baroness Blackstone, chair of BSB, adds personal apology, feels seriously let down by Pearson Vue
Baroness Blackstone confirms in answer to qu from @JoanneKane_ that some students will have to take resits before knowing result of first sitting; final result will be better of the two
Nicholas Vineall QC says results being released on date students will sit second paper - shouldn’t results be released first if they can be?
Mark Neale says this is deliberate - so that two exams count as one sitting - due to rule which says can’t improve on result if resit
Barry Harwood says period for resits is very short - compatible with duty to make reasonable adjustments & public sector equality duty?
Mark Neale is BSB’s Director General - took over from Vanessa Davies on her retirement
Barry Harwood asking if grades for recent exams can be severed from earlier grades so don’t affect final result; Mark Neale, BSB: No; Baroness Blackstone: can’t change grading system part way through year
Sean Jones QC @seanjonesqc says Bar & not just academics should be involved independent review into exam debacle; Mark Neale says review will want to hear wide range of views
Jacqueline Thomas QC asks BSB about timing of resit results & start of pupillage; Mark Neale says BSB has spoken to Inns; for chambers to decide how to play any extension of first six before practising period begins
Baroness Blackstone says BSB board has discussed extensively; what went wrong was decision to do exams online with organisation which didn’t deliver - let down by Pearson Vue [BB sounds genuinely sorry - but that’s cold comfort to the affected students]
I am so sorry, if you’re a student caught up in the BPTC exam debacle, that you’re having such a terrible experience - my view after the discussion at today’s #BarCouncil meeting is that the BSB are genuinely sorry but serious problems remain - & fine words butter no parsnips
Moving on to formal business: #BarCouncil approves annual accounts
#BarCouncil meeting has now ended; Bar AGM starts at 11am
AG @SuellaBraverman now chairing Bar AGM
AG says she knows tough time for Bar; she and Lord Chancellor know need to get Bar back up & running
Amanda Pinto QC, chair of #BarCouncil, now reporting to Bar AGM on the last year
#BarCouncil Treasurer, Grant Warnsby, now reporting to AGM; says he’s pleased AGM is online - modernisation & promotes participation
GW, Treasurer: impact of Covid 19 on finance in coming years: practising certificate fee linked to barristers’ income; expected decrease in 2021 & 2022 (lag for self-employed Bar) & in future years; #BarCouncil investigating govt business interruption loan scheme to smooth impact
GW: #BarCouncil’s financial rigour has paid off in 2020 accounts - not accidental; Bar Representation Fee income has increased: supports fantastic work done by representative side of Bar; thanks if you pay; please pay if you don’t already
GW: #BarCouncil’s decision to allow split payments of practising certificate fee has resulted in lower cash balance; decision taken to allow split payment of PCF again next year, so this will continue
Malcolm Cree, #BarCouncil Chief Executive, now reporting on last year
AGM questions now - AG has agreed to take qus; Amanda Pinto QC now chairing
Schona Jolly QC, chair of Bar’s Himan Rights Committee @WomaninHavana asks AG: central to work is asking govts to uphold rule of law internationally; how can this work retain any shred of credibility when own govt expresses intention to violate international law?
AG @SuellaBraverman says internal market bill does not breach human rights or UK law; there are in rare cases tension with international commitments; rule of law important principle which underlines rights of UK subjects & govt remains committed to rule of law
Jessica Simor QC asks AG about decision not to seek advice on internal market bill from James Eadie QC but from various lawyers with links to vote leave who not on AG’s panel or with standout qualifications on issue on which advice sought; how selected & why - cronyism?
AG says law officers’ convention that can’t comment on content of advice means can’t say much; but not uncommon for law officers to seek specialist advice; takes duties v seriously; puts rule of law first, politics second; relies on authorities not opinion
AG is not answering @JMPSimor’s qu - just saying parliamentary sovereignty means can do this (ie legislate in terms of bill), as though JS QC & barristers don’t know that already
Amanda Pinto QC, chair of #BarCouncil, has asked BC members not to ask same qu twice, so that’s the full extent of AG’s answers to @WomaninHavana & @JMPSimor qus
Qu to AG from @MichaelPolakLaw - pressure on judiciary re custody time limits? AG says she doesn’t think so (that’s a poor paraphrase - I think she said she’d be astonished if that were the case but I’m not sure)
Philip Moser QC asks AG whether any prospect understanding with EU re free trade agreement for mutual recognition agreements re practice for barristers; & what if no deal; AG: aware of BC’s desire re FTA, hopes this will happen, not incompatible with aims etc 1/2
AG: on no deal, has made negotiating team aware of BC concerns 2/2
