Whitehall: More needed to boost panel diversity, says Bar Council
Barristers doing government work will see a 25% increase in rates from 1 April, in some cases the first rise since the panels were first introduced in 1997.
However, this remains well below what the Attorney General’s civil panel rates would have been had they risen in line with inflation.
The Attorney General, Lord Hermer KC, has also committed to reviewing the rates every two years.
Last year, the Constitutional and Administrative Law Bar Association (ALBA) said an “overwhelming majority” of the 635 respondents to its survey stated that, when professional expenses and tax were taken into account, it was now “simply uneconomic to do any volume of work at government rates; the opportunity cost is now too great”.
Using the Bank of England’s inflation calculator, it said that, had the rates been increased in line with the consumer prices index, the London C panel rate of £80 per hour (for those over five years’ call) would now be approximately £152, the B rate of £100 would be £190, and the A rate of £120 would be £228.
The 25% increase makes the rates £100, £125 and £150 respectively.
The ‘standard’ silks’ rate of £180 would be £342 under ALBA’s calculation but there is a new approach now, splitting the silk rate into three – counsel with fewer than 10 years as a KC, and those with more than 10 years and on a current rate of less than £200, or a rate between £200 and £269. The new rates are £225, £245 and £270 respectively.
A spokesman for the Attorney General’s Office said: “Panel counsel lawyers provide government with expert advice on some of the most complex and sensitive legal issues. This fee increase – the first since 2003 – will ensure the government has access to the best legal advice to enable us to deliver our Plan for Change and promote economic growth.”
The Bar Council said that, in addition to lobbying on rates, it had also raised concerns with the Attorney General and Treasury Solicitor about the lack of diversity on the panels and pointed to the low rates as a factor in the difficulty recruiting to panels.
Chair Barbara Mills KC said: “We welcome this uplift in fees for counsel but, given that the rates have not been increased in more than 20 years, they have fallen very far behind inflation. We regard this as a necessary first step but further uplifts will be required if the government is to attract barristers to this important work.
“We’re grateful to ALBA for gathering the evidence that helped to make the compelling case for fees to be increased and we welcome the government’s commitment to more frequent reviews in future.
“The Attorney General and Treasury Solicitor have listened to, and share, our concerns about the lack of diversity on the panels We hope this uplift, and future increases, will encourage more barristers to apply for panel work.”
ALBA had no comment.
