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GAZETTE
NOVEMBER 1993
LRC Examines Plain Language
According to its Annual Report for
1992, the Law Reform Commission is
examining the language of the law to
see whether a policy of plain language
should be adopted in Ireland. The
Commission notes that many common
law jurisdictions, in particular
Australia, the United States and the
United Kingdom, have done extensive
work in the area of plain language and
the law. Some of these jurisdictions
have enacted statutes requiring the use
of plain language in a variety of
situations. The report says that the
Commission hopes to publish its
consultation paper on the area in 1993
and has decided to focus on plain
language in legislation. The
consultation paper will examine Irish
legislation to see whether there is
room for improvement and then look
at other jurisdictions to assess
developments there.
Among the work accomplished by the
Law Reform Commission in 1992,
was a report submitted to the Attorney
General on the United Nations
(Vienna) Convention on the
International Sale of Goods, which
confirmed the provisional
recommendations of the Commission
in an earlier discussion paper. The
working group on Land Law and
Conveyancing Law presented a
further report, containing general
proposals, which was submitted to the
Attorney General in September, 1992.
The report identified anomalies in the
law, the origins of which vary from
the continuing existence of obsolete
provisions to unforeseen difficulties
which have been created by more
modern legislation, (see review of the
report in this issue of the
Gazette
on
page 351). The Commission also
presented its report on the law of
dishonesty to the Attorney General.
Work continues on a final report
containing recommendations on
contempt of court, a discussion paper
on the law of privacy, research into
the area of structured settlements and
a report on the law of occupiers'
liability. A discussion paper on family
courts is also in preparation.
In the annual report of the
Commission, it notes that the
Criminal Evidence Act, 1992,
substantially adopted the
Commission's recommendations on
the taking of evidence from children
made in its report on child sexual
abuse (LRC 32-1990), the
Commission's recommendations
relating to proof of business records
in its report on receiving of stolen
property (LRC 23-1987) and
proposals relating to the evidence of
spouses in the Commission's report
on the competence and compellability
of spouses as witnesses (LRC 13-
1985).
Copies o f t h e 14th Report (1992) of
the Law Reform Commission are
available from the Commission at
Ardilaun Centre, 111 St. Stephen's
Green, Dublin 2, price £2.00.
•
Lawbrief
(Continued from page 342)
to the Court whether (a) the report
is to be treated as part of the
testimony of the witness (in which
event the witness should be asked
to explain or supplement the
report) or (b) whether it is offered
merely for the convenience of the
court and as an
aide-memoire.
3. The above procedures should
apply
mutatis mutandis
in the case
of reports obtained from other
expert witnesses, for example
engineers, architects, actuaries,
accountants, welfare consultants
(and to photographs and maps
annexed to such reports) in
personal injury actions and other
types of actions.
4. The parties may, by agreement,
exchange before the trial, their
reports on a reciprocal basis. But
the absence of agreement to do so
should not in itself be a ground for
refusing to cooperate at the trial in
the procedures outlined above.
5. This direction replaces the practice
direction published in the Legal
Diary on 11 January, 1993.
•
LAW
LIBRARY
PHONES
Solicitors phoning
barristers at the Law
Library are requested to
use the Direct Dial
Numbers which were
distributed with the june
issue of the Gazette.
Further copies are
available from the Law
Library -
phone
8720622.
Where a barrister is not at
his/her desk your call will
be answered either by
the switchboard or the
member's voicemail. The
only circumstances in
which the Direct Dial
number is not answered
is where the barrister has
forwarded calls to
another extension but is
not at that extension
when you phone.
John Dowling
Director
344