Plain Language Developments in Ireland: An Overview Brian Hunt

There is a view which suggests that plain language cannot be fully embraced in the context of legislative drafting due to the need for absolute accuracy. This need for accuracy often precludes the use of plain and simple language - which by its nature lends itself easily to ambiguity and differing interpretations. The necessity for plain language legislation could also be questioned on the basis that it has never been established that ordinary citizens are even interested in reading legislation.

Explanatory memoranda are published with each Bill and they seek to explain the background and each provision of the Bill in plain and simple language. They are prepared by the Government Department sponsoring the Bill. Following the Law Reform Commission's criticism of the decline in the standard of explanatory memoranda, the Office of the Parliamentary Counsel to the Government presented a Report to the Government Chief Whip entitled "Explanatory Memoranda: An OPC Perspective" (February, 2002). In the light of the complexity of much of our legislation, this Report suggested that the role which explanatory memoranda play should be enhanced, so as to become more simplified and informative for members of the public.

Also in February 2002, the Government published a Consultation Document entitled "Towards Better Regulation". This document states that Ireland aspires to enacting high quality legislation, which it defines as laws which are "clear (well drafted), coherent (can be easily followed), effective (achieves its objectives) and accessible (can be easily located).".

Ombudsman, Information Commissioner

Following a review by a 'working group', the Office of the Ombudsman and also the Office of the Information Commissioner are now using plain language. As part of the implementation of their plain language initiatives, a plain language policy is being developed. In the interim, staff undergo training in plain language. The following is an example of some of the plain language practices to which both Offices are now adhering to:

  • The avoidance of Latin and other foreign language terms,
  • The avoidance of legal and technical language, and where it is unavoidable explain its meaning,
  • The avoidance of bureaucratic or pompous language,
  • The avoidance of words like "herewith", "pursuant".

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