How healthy is the Bar? The Times Law Panel give their views

Bar Conference 2008: this year's highlights

On November 1, the Bar will gather for its annual conference. The theme is “Multiculturalism and Multinationalism – tomorrow’s world” and the keynote speech is to be given by Lord Bingham of Cornhill, the recently retired senior law lord.

People may ask why, in a time of economic crisis, we should be organising a conference around such themes. The answer is simple.

Our society has changed and changed dramatically over the past 20 years. We are hosts to workers from the former countries of Eastern Europe and we have, as a result of our former empire and colonies, a richly diverse population. In an economic crisis, where there is a likelihood of greater involvement of our citizens with the law - for example when they lose jobs, suffer family breakdown, or find debts unpaid - we need to be sure as a profession that the law serves society as a whole and that we who operate as essential cogs within the legal system do what we can to make it work for all.

The bonds that bind the fabric of our society are the values that collectively we adopt and live by. Several decades ago, when Lord Devlin was writing as a legal philosopher, he argued that the values inherent in our legal system were the values of a Christian morality. In a multicultural society arguing that our legal system is founded on Christian morality risks alienating those whose religious beliefs are not Christian.

What then might emerge from the conference? The Government is concerned about the issue of social cohesion and argues that a Bill of Rights and Responsibilities will serve to foster a sense of what it means to be British. They argue that a simple, and possibly non-justiciable Bill stressing not just the rights but, more important, the responsibilities that come with living and working in the UK will assist in the process of “cohesion”.

I believe that there is a more fundamental issue to be addressed. What matters to those who live and work in the UK is that we are a fair society that abides by the rule of law.

Generally speaking, people want to know that they will be treated fairly and in accordance with firmly applied legal principle. If things go wrong they want access to the expertise that will put things right at an affordable cost.

That expertise may involve independent advice and advocacy such as comes from barristers. It may come from seeing a judge apply the law in a courtroom or a tribunal doing so: they can do so if they are assisted by high quality, independent, advocates.

As a society we, and more importantly those who lead us, need to proclaim the value that a healthy and robust system of justice brings. A healthy and robust judicial system (in its widest sense) is essential in any society for it to thrive. But when one such as ours comes under the stresses of a recession, absolutely so.

The conference will therefore debate issues such as hate crime, judicial appointments (are we obtaining the diversity society needs), human trafficking, English and Religious Law – Synergy or Conflict?

We will look at whether the doctrine of equity reflects core values that transcend cultural differences. We will examine how law deals with religion and belief in the workplace, and in education. The day will end with a discussion forum in which Lord Neuberger of Abbotsbury, Justice Edwin Cameron from South Africa, and Sir Konrad Schiemann from the European Court of Justice will debate the issue of “Multi-culturalism, the Rule of Law and Judicial Activism”. They are three of the foremost judicial thinkers of our times.

The discussion is not therefore just a domestic one. The common law and English law in particular is an export. Barristers more than ever export their services to jurisdictions as far afield as South East Asia, the Gulf States, Europe and the US. People move abroad to find work and may require advice. Companies may operate in many jurisdictions, each subject to its own mores and legal systems. They require advice and representation in locations where they operate. If they adopt English law in their contracts or if the effect of a commercial dispute can be felt in the UK, then English barristers are required to advise and assist.

A “multinational company” will require advice across a range of issues affecting its trade as well as the employees who work for it. It is in these areas that the Bar provides invaluable assistance. Our expertise improves the more we understand the complexities of the international market place. The Commercial Bar will be contributing to this conference with a workshop that covers the Bar’s work in the Gulf States.

Above all what will emerge from this conference is that the Bar is an outward-looking profession that grapples with the hard issues of the day.

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