PARLIAMENTARY DRAFTING.

New Zealand Times, Volume XXX, Issue 4571, 13 November 1875, Page 3

PARLIAMENTARY DRAFTING.

(From the “ New Zealand Jurist.”) The Minister of Justice has expressed the intention of the Government to “ send Home ” for a Parliamentary drafstman, at a salary of £IOOO a year. According to the telegraphic of the discussion in the House, 61 Mr. Bowen pointed out that an officer of this kind required special training, and this could only be acquired in England. That a very great change in drafting Acts had recently taken place. They are now couched in English most perfect, simple, and terse, not in the old-fashioned, cumbrous language formerly used, and he thought it was desirable the colony should secure the benefit of some gentleman’s services who was conversant with this change.” . The views expressed by the Minister of Justice with respect to the “very great change” in drafting Acts in England are apparently founded on the report of the Select Committee appointed by the House of Commons. The statement made in the report with respect to the improved style of drafting in the present day, is obviously subject to qualifications. While it is perfectly true that, in some of the recent Acts of Parliament, tte language of the draftsman is remarkable' for clearness, it is equally true that in many other Acts the language is anything but clear. A recent number of the “Law Times” (3rd July, 1875), after quoting the statements in the report as to the better style of drafting in the present day, goes on to say : “This is certainly a complacent view to take of things when it is the constant complaint of Judges that it it is well nigh imimpossible to construe modem Acts of Parliament —such, for instance, as the various Acts affecting the public health.” And in a later issue (17th July) the same journal, referring to Mr. Justice. Archibald s statement that statutes are better framed than they used to be, one reason being the frequent introduction of interpretation clauses and definition of terms, points out several instances in which the interpretation clauses in modem Acta have added to the difficulty of construction rather than lessened it ; and concludes by saying that “ almost the only point in which an improvement has been made of late years, is the introduction of short titles, with the date appended.” The great change in drafting may be coming, but it has certainly not come_ yet. Judging from the fact that the appointment of a Select Committee to report upon the matter was considered necessary, the English Parliament seems to be of much the same opinion as the “Law Times.” If any change has taken place, it is singular that it has not made itself felt in the colony, seeing that we have been regularly borrowing our Acts from the Imperial Statute-book for many years past. After all, there is no Act in our Statute-book which, so far as style of drafting is concerned, can be said to surpass the old Conveyancing Ordinance of 1842; and we are not aware that even a line of that measure was borrowed from any foreign source. This is not the only Act of the kind that might be quoted as a specimen of good colonial draftingclear and concise in every section, and thoroughly intelligible from first to last, if good drafting could be done in New Zealand thirty years ago, what reason is there to suppose that it could not be done now? It is unjust to the profession in the colony to assume that a good draftsman could not be found in its ranks, and equally unsafe to assume that one could be obtained in England for a thousand a year. If special training is required to make a draftsman, how is it true that such training can only be acquired in England? Men reading for the Bar are not specially trained in drafting at the Inns of Court ; and although it is usual to read with an “ Equity draftsman,” we never yet heard of a “Parliamentary draftsman” taking pupils. The draftsmen employed by the Imperial Government are men of note in the different branches of the profession ; and such men are not to be tempted with a thousand a year in New Zealand.