|
In their text, Butt
and Castle34 state that plain English
documents are easier to read and understand, more direct and more easily
absorbed. They seek to illustrate this by setting out a traditionally drafted
provision, followed by a plain English version of the same
provision:
"Traditional The Builder shall at his own expense construct
sewer level pave metal kerb flag channel drain light and otherwise make good
(including the provision of street name plates in accordance with the
requirements of the appropriate District Council and road markings and traffic
signs in accordance with the requirements of the Council) the
street.
Plain
The Builder must construct the street to Council
specifications."
Few could disagree
that the plain language version is shorter, easier to read and understand. But
is it clear? Does it convey the same meaning? Seemingly not. It is vague and
ambiguous, devoid of the helpful guidance which the traditional version carries
in its detail. One of the problems with plain language is that it often
requires compressing what might be a complex policy into a small number of
words. Consequently, this can lead to difficulties with interpretation and give
rise to uncertainty - as this translation has shown. So one must ask, when is a
reader likely to be more fully informed and aware of the obligations of the
Builder? By reading (and even re-reading, if necessary) the traditionally
drafted provision, the reader will be confidently aware of the obligations of
the Builder. In contrast, by reading the plain language version, the reader
will only know that the Builder must construct the street to the Council
specifications. This puts the onus on the reader to look elsewhere - have the
Council specifications been articulated? Are they available to read? Or are
they vague, subjective and ambiguous aspirations? Also, the reader of the plain
language version will not know who is to pay for the works and what works must
be carried out. Effectively, by redrafting this provision in plain language,
the authors have removed some helpful detail and have instead, inserted a
little black hole. At a closer look, the simplicity of the plain language
version seems more apparent than real. In short, the reader of the plain
language provision is less informed. We should not underestimate the
intelligence of members of the public. We should not presume that they are
unable to understand a provision of this kind.
|
34.
|
P. Butt &
R. Castle, Modern Legal Drafting: A Guide to Using Clearer Language
(Cambridge, 2001) at p. 86. |
|