Dáil debates

Thursday, 27 October 2005

Transfer of Execution of Sentences Bill 2003 [Seanad]: Report Stage.

 

11:00 am

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)

Deputy Costello has made an interesting point. The question is whether legislation as enacted should be just for legislators and lawyers or be specifically couched in language which is intelligible for lay people. Legislators and lawyers have both the support and the opportunity to interpret legislation, whereas lay people generally do not. Deputy Costello has touched on an issue that goes far beyond this Bill. The question is whether, in framing legislation, we should follow the lead given by other countries where a real effort is made on two fronts: first, to make legislation comprehensive so it covers all relevant issues in one reading; and, second, to use simple language. I recently read a paper by someone who is preparing a doctoral thesis on this interesting subject. The issue has not been addressed in Ireland at all, although it has been examined in the United Kingdom where considerable changes have been made in the approach to drafting legislation.

The matter to which Deputy Costello referred has not been addressed sufficiently in recent times by any Government or by the Legislature generally. Legislation should be made more comprehensible to the lay person. The question is whether we can make a greater effort to use simpler language in drafting legislation. The issue goes far beyond this Bill, but it is no harm to give it an airing here.

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