"The language of
the draft Bill, is in itself, simple and reasonably untechnical, and as such is
to be welcomed: but the question is whether the simplicity is apparent rather
than real
"29
The translation of
documents drafted in a traditional style into plain language is the customary
way in which proponents of plain language seek to illustrate its benefits. A
(or more appropriately "The") leading expert in the plain language field,
Martin Cutts has carried out numerous translations of legislation drafted in
the traditional way. On an initial glance, the translations are always easier
to read and more straightforward. Or is this a classic case of simplicity being
more apparent than real?
The translation of
documents drafted in the traditional style, into plain language also exposes
weaknesses in the use of plain language. The conversion of legislative passages
into plain language often has the unintended effect of changing the meaning of
legislation. However, plain language proponents would dismiss any suggestion
that this is a fatal flaw which renders plain language unsuitable for
legislative drafting. Rather, they contend that these changes in meaning only
occur because non-drafters, whose minds are set on simplicity rather than
accuracy, nearly always carry out these re-drafts/conversions.30 In 1993, Martin Cutts31 translated the U.K. Timeshare Act 1992 into plain
language, with the acknowledged assistance of a leading international law firm.
The translation was subject to considerable criticism from the Parliamentary
Counsel who drafted the Act, Euan Sutherland.32 In his opinion, the translation had resulted in
considerably altering the meaning of many of the provisions of the Act. It had
omitted some provisions and had rendered the Act misleading is some respects.
However, these matters were addressed in the second edition.33
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29.
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Extract from
a letter of 23 February 1968 from Lord Wilberforce to Karl Newman of the Lord
Chancellor's Office. See E. Nugee, 'Legislation form the User's Perspective' a
paper delivered at Clarity/Statute Law Society Conference, Cambridge 12 - 14
July 2002. |
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30.
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I. Turnbull,
"Legislative Drafting in Plain Language and Statements of General Principle"
(1997) 18 Stat. LR 21 at 25. |
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31.
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M. Cutts,
Unspeakable Acts? Clarifying the Language and Typography of an Act of
Parliament, a discussion paper published under the auspices of Words at
Work in (January, 1993). |
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32.
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E.
Sutherland, 'Clearer Drafting and the timeshare Act 1992: A Response from
Parliamentary Counsel to Mr Cutts', (1993) 14 Stat. LR 163. |
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33.
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M. Cutts,
Lucid Law (2nd ed., London, 2000). |
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