[New] ‘Our Courts Never Stop’ Annual Bar & Young Bar Conference 2022 Northamptonshire Law Society

Innovations and revelations discussed at the Annual Bar & Young Bar Conference 2022 included the legal system in Ukraine, which like the nation itself, remains steadfast and unstoppable even in adversity.

Another conference season -- another Annual Bar & Young Bar Conference. Scheduled late in 2022 than some previous conferences have been, this particular conference was held during the run-up to Christmas and in difficult times for public transport.

In any number of ways, this was a conference that reflected the strange and distressing uncertainties and upheavals of post-pandemic 2022 -- an especially momentous, unstable and troubled year which featured, among other things the horrific outbreak of war in Ukraine, as well as domestic turmoil, notably the scarcely controlled chaos in Parliament... the downfall of Boris and Liz...the rise of Rishi...and almost at the same time, a proliferation of strikes, labelled by some of the more flippant journalists out there, as “The Twelve Strikes of Christmas.’

So as you made your way into the conference hall in London’s Grand Connaught Rooms on the final day of the Conference, you wouldn’t have been too surprised, that this year’s attendance was unusually sparse -- train strike y’know -but perhaps all the better for that, as the hundred or so attendees present -- as well all those watching online -- had a convivial time of it, as there was much to take note of and much to discuss.

International links

Focusing on the conference theme of ‘Future-proofing the Bar’, Mark Fenhalls KC, Chair of the Bar, in his introductory address, made direct reference as a matter of record, to the backdrop of political turmoil which “promotes a constant reminder of the critical importance of the rule of law.”

‘I am hugely proud of our profession,’ he said, ‘for navigating the seismic events that could have knocked the justice system off course...including,’ he added, ‘the pandemic, the illegal invasion of Ukraine and the ongoing questions surrounding the UK’s status and future outside the European Union.’

He emphasized the necessity of strengthening legal services, ‘if we in the UK are to retain our influence around the world.’

Encouraging to note is the Bar’s increasing emphasis on its international linkages with other Bar associations, including those of the Ukraine, Poland and Ireland -- whose views were eloquently aired in what, in the view of many, was the highlight of the Conference, namely the panel discussion chaired by Baroness Helena Kennedy, which featured leading legal experts from Ukraine, Poland and Ireland -- not to mention the LSE -- but more of that later.

The Young Bar has its say

As Chair of the Young Barristers’ Committee, Michael Polak delivered more than a few terse, well-timed comments on the all too real problems and pressures which affect members of the Young Bar in particular.

Referring to ‘Life At The Young Bar’ -- the recent report published by the Young Barristers’ Committee -- Michael cited one of the key aims of the Young Criminal Bar Association -- namely its support for the wellbeing of criminal barristers in their first seven years of practice -- while at the same time, aiming at redressing ‘the problems that young barristers face.’

Could such problems include, for example, their absurdly...notoriously... appallingly...horribly inadequate fee levels? Let’s hope so and speaking of the status of the UK’s place and prestige within the international legal community -- this apparently persistent neglect of the ‘low fees’ issue will scarcely do anything to enhance the Bar’s reputation worldwide.

Controversial? Well, possibly. And equally electrifying, if not more so, was the panel discussion chaired by Helena Kennedy KC, the object of which was to focus on ‘Threats to the Rule of Law in 2022 and beyond.’

‘...the fragility of the rule of law’

If you hadn’t attended the Conference on its final day, this was the panel discussion which might have made you wish you had. Its stated aim: to reflect on ‘the fragility of the rule of law... and discuss predictions for its future, both at home and abroad.’

Chaired by Baroness Helena Kennedy of the Shaws KC and known to most of us as a regular speaker here, this was a panel consisting of legal experts, two of whom came from Poland and Ukraine -- Poland continually coping with challenge -- and Ukraine consistently under threat.

‘This is our everyday’

In the case of Ukraine in particular, the terrifying threat of death and destruction never abates. “This is our everyday,” as Olena Zelenska has sadly observed. The panel’s first speaker was Valentyn Gvozdiy, As Vice President of the Ukrainian National Bar Association, his description of the challenges and the horrors of conditions in Ukraine was both powerful and succinct.

Alluding to the restrictions on human rights under martial law, he also outlined the difficulties of, for example, shortages which impact specifically on the conduct of the justice system, particularly the destruction of infrastructure, including transport facilities, power supplies and as a result, modern technology.

‘We cannot use the Internet,’ he said, pointing out the problem of court hearings that are not -- and cannot be -recorded.’ ‘However,’ he explained, ‘the overall and consistent aim is to save our profession for the next generation. This role remains unchanged. Our courts, he concluded, ‘will never stop.’

Systemic threats in Poland

Speaking in support, Mikolaj Pietrzak, Dean, Warsaw Bar Association, discussed a number of not dissimilar concerns in Poland, including the problems of ‘systemic’ threats to the judiciary.

Criticizing what he termed ‘simplistic attitudes to complex problems,’ he suggested obliquely that an at least partial solution to such challenges might involve ‘getting friends to own the media.’

Women’s rights in Ireland

Somewhat tangentially, the third speaker -- Maura McNally SC, Former Chair of the Bar Council of Ireland -- focused mainly on another issue, rather a specific one -- namely membership of the European Union, the enthusiasm for which in Ireland, shows no sign of abating.

‘Unarguably’, she said, EU membership has taken Ireland in the direction of improving the condition of women and women’s rights. Who remembers, for example, that before Ireland joined the European Union, Irish women -- as Ms. McNalley reminded us, were not allowed to keep their jobs; menial, professional, or otherwise after they married. (Eh? What? In this day and age? Yes -- in this day and age, would you believe. Astounding but true.)

‘Membership of the European Union’ has made a significant and positive impact on women’s rights,’ Maura concluded, adding that it has exercised much positive influence on press freedom.

‘Well,’ some might say if so tempted. ‘What Brexiteer can argue with that?’ But I digress. Fundamentally, as Helena asserted, human rights have emerged and largely coincided with together with the rule of law.

‘A human rights detestation bill?’

It was Professor Conor Gearty KC (Hon.) who offered much closely argued criticism, mainly of government policy on human rights, placing under discussion a number of examples of human rights under threat.

As a member of Matrix Chambers and Professor of Human Rights Law at the London School of Economics, Professor Gearty was particularly critical of Dominic Raab. Viewing with alarm the reappearance of Raab’s Bill of Rights, he referred to it as ‘a human rights detestation bill.’

Controversial? Yes. Indisputable? Not entirely. But good thing that Justice Secretary, Dominic Raab hadn’t bothered to turn up for the Conference. Good thing, therefore, that Attorney General Victoria Prentis had -- making her entrance following a thoughtprovoking session which featured a lively and largely non-controversial discussion on careers. retention and modernization of working practices at the Bar.

Speaking of which, Victoria Prentis, MP for Banbury, recounted her current career move with evident enthusiasm, expressing pride and pleasure in having been appointed Attorney General and therefore Leader of the Bar. She comes to her new post with years of experience as an employed barrister in the Civil Service, rather than as a member of the Independent Bar.

‘The most painful task...’

Victoria’s lengthy experience as a civil servant in the Government Legal Service might well emerge as an advantage, the obvious expectation being that she will have acquired a better, wider and more precise understanding of the oftencomplex challenges -- not to mention the subtleties --of working within the Civil Service.

She recalled an advantageous pupillage too, as her pupil masters whom she counts as friends, included Lord Burnett, Lord Chief Justice and Dominic Grieve, who years later became Attorney General and MP for Beaconsfield.

Her first duty? To uphold the rule of law -- a formidable challenge which prompted her to quote Francis Bacon’s description of it as ‘the most painful task of the Realm.’

Her relatively brief speech was followed by a ‘question time’ style of interview with Mark Fenhalls KC, who emphasized the enormity of her task in upholding the law, following which she confirmed her firm support for the bar over the coming years.

What they didn’t talk about

While the new Attorney’s interview with Mark Fenhalls covered an impressively wide range of issues in a short time, certain matters were not mentioned, the main issue being the proposed development of an international court to deal with war crimes.

Successive Attorneys General have wanted to look at this issue, as did Suella Braverman during her short and controversial time as Attorney General (and Home Secretary). It is fair to assume, however, that the war in Ukraine will almost certainly accelerate the process. And who knows? It may be significant that the new Attorney’s most immediate task which she announced, was her imminent trip to Berlin to see the Attorney General of Ukraine.

Future-proofing?

Featuring the participation of legal experts from abroad, the Bar and Young Bar Conference of 2022 demonstrated its international orientation and outlook -- certainly a priceless advantage in the unpredictable and turbulent times in which we live. It is now anticipated that the success of this Conference will encourage a great deal of interested and enthusiastic attendance in 2023.