Where there are words, there will be misinterpretations. The use of plain language in legislative drafting considerably increases the scope for misinterpretation. Conversely, the use of what are often described as turgid, complex, verbose and wordy provisions arising from traditional legislative drafting considerably limits the scope for misinterpretation and in this way restricts the potential for challenge. Legislation drafted in this way is by far the more odious of the two sisters in Cinderella - functional, but not so easy on the eye.

The calls and demands for plain language legislative drafting derive from the turgid and complex nature which characterises so much legislation. Plain language proponents purport to lend legitimacy to their calls for plain language legislation by assuming that ordinary people actually want to read raw legislation. Having said that, I do recognise that there is a need to modernise and simplify the language of legislation to the extent that it will not give rise to uncertainty. As I said at the outset, I am in favour of the use of plain language in legislative drafting, but only in so far as it does not alter the meaning and does not give rise to ambiguity in the legislation. The legislative drafting manual in Ireland discourages the use of words like herein, hereinafter, hereinbefore, herewith, wheresoever - which are described as "verbose, obsolete or vague terms and are often unclear or unnecessary.".⁴⁹ In recognising that some aspects of the traditional style of drafting can give rise to unnecessarily complex legislation, it seems to indicate that in Ireland, steps are being taken in the right direction so as to reduce the complex and turgid nature of legislation.⁵⁰

I admire the motives and work of people like Professor Butt, Martin Cutts and Professor Kimble. But there must be a recognition of the limitations of plain language in legislative drafting - a recognition that like the glass slipper in Cinderella - plain language is not a "one size fits all" device. A failure to recognise this fact has been, and will continue to be, damaging to the credibility of the drive for plain language. As I see it, the real answer to inaccessible legislation is good quality, plain language explanatory materials - making plain language in legislative drafting - just a laudable ideal.