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10 February 2011 / Malcolm Dowden , Jen Hawkins
Issue: 7452 / Categories: Features , Constitutional law
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Local anaesthetic

Jen Hawkins & Malcolm Dowden explain why the Localism Bill heralds false hope, not a new dawn

For a relatively brief period the previous Labour government issued “plain English” versions alongside statutes as they received royal assent. The experiment did not last. In case of discrepancy it was clear that the actual statute would be the document with legal force. Consequently, however clear the prose might be, a “plain English” version would be meaningless in the only real circumstances when it might be useful.

The coalition government has issued a “plain English guide” to its flagship Localism Bill. It suffers from a basic flaw similar to “plain English” versions of statutes. The clarity of its prose might even amplify the risk of misleading its readers.

A key element of the Localism Bill is the “community right to challenge”. The plain English guide explains: “The best councils are constantly on the look out for new and better ways to design and deliver services. Many recognise the potential of social enterprises and community groups to provide high-quality services at good value, and deliver services with

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NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
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