Dame Maria Miller DBE, Bar's Commissioner for Conduct

 

One of the key recommendations to come out of Baroness Harriet Harman's independent review of bullying, harassment and sexual harassment at the Bar was for the Bar Council to appoint a Commissioner for Conduct. The Commissioner's role is to oversee the reform set out in the review, ensure that changes put forward are implemented, that advice is available, and that standards are set high and upheld.

 

The Bar Council has now appointed Dame Maria Miller DBE, a former Women and Equalities Committee Chair and Cabinet Minister to lead its work stamping out bullying, harassment and sexual harassment. In this Q&A blog, Dame Maria discusses her past experience tackling bullying and harassment, why the role is important and what she hopes to achieve in her first year in post.  
 
1. Why did you want to take on this role?  

Our legal sector in England and Wales helps set standards across the world; at home it is of constitutional importance, as well as being one of the country’s most successful exports. Helping make it work even better couldn’t be more important. Having the best people practise at the Bar is central to its ethos; tackling issues around bullying, harassment and sexual harassment will help ensure the Bar continues to attract and retain the brightest and the best talent. 

2. Why do you think this role is important now? 

The report by Baroness Harriet Harman KC has resonated with many people across the Bar. Appointing a Commissioner for Conduct is yet another clear signal that the recommendations contained in the independent review are being acted on. The team at the Bar Council has already done a lot to take forward the Harman recommendations and I look forward to building on that working directly with members of the Bar, Chambers, Inns, Specialist Bar Associations and with the judiciary, who have been publicly so supportive.

3. Can you tell us about your experience tackling bullying, harassment and sexual harassment in the workplace in the past?

Throughout my time as a Parliamentarian I worked on a range of issues related to improving equality, and that’s why I was awarded my Damehood. Effectively tackling bullying, harassment and sexual harassment was a recurring theme. As Chair of the House of Commons Women and Equalities Select Committee, I chaired three Inquiries into harassment and how it impacted young people in education, people at work and in society generally. What that showed me is tackling bullying and sexual harassment isn’t an issue seen just at the Bar, it’s a problem for all parts of society, but needs tackling nonetheless. 

4. You've worked in this field for many years, including being the first Chair of the House of Commons Women and Equalities Select Committee. When you read the Harman report, what stood out to you? Was there anything surprising or anything that particularly resonated with you? 

I was particularly pleased to see that the work done is rooted in evidence. The Bar Council’s Barristers’ Working Lives Survey has measured reported levels of bullying, harassment and discrimination experienced and witnessed by barristers at work since 2001, and shows it has increased from 38% of all barristers in 2021 to 44% in 2023. And the Harman Report itself, is rooted in speaking to people across the sector from chambers, Inns of Court, Specialist Bar Associations and the judiciary. The problem has been recognised, measured and actions taken. Establishing the Commissioner for Conduct is yet another demonstration of the resolve to tackle this. 

5. What are you hoping to achieve in your first year in post?  

We need to make tangible headway, offering to all chambers the support they need to be Harman compliant, improving existing systems and processes. I also will help barristers, wherever they work, to have more trust in seeking support, if they experience bullying, harassment or sexual harassment. 

6. What do you think the challenges will be? 

One of the most important challenges at the start is to have complete clarity about how the Commissioner for Conduct fits alongside the existing systems for complaints and statutory regulation. That’s why I am making it a priority to agree a protocol with the Bar Standards Board and to also start similar discussions with the judiciary. The Commissioner does not have a statutory role but can help significantly with preventative work, signposting and practical support. 

7. You've hit the ground running and have been out and about meeting various people and organisations - what are you hearing so far?

I have met people from across the Inns, chambers, Circuits and Specialist Bar Associations since taking up the role of Commissioner for Conduct in January. Support is coming through strongly for implementing Harman’s recommendations in full and for making the Commissioner for Conduct an effective part of tackling bullying and harassment, wherever it occurs. 

8. What message do you have for the Bar?

Bullying and sexual harassment is something that pervades every part of British society. The Bar Council’s own evidence shows it is significantly more reported amongst barristers now than a decade ago, indicating it’s a culture problem that still needs to be tackled. The Bar’s international reputation is dependent upon attracting and retaining the best people. Implementing the recommendations from the Harman Report, which includes supporting the work of the Commissioner for Conduct, will help safeguard this international reputation.  

Read more about the Commissioner's 8 core responsibilities

If you have experienced or witnessed bullying, harassment or sexual harassment, support is out there