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Dáil Éireann debate -
Tuesday, 6 Jul 1993

Vol. 433 No. 5

Ceisteanna—Questions. Oral Answers. - Interpretation Act Amendment.

Eamon Gilmore

Question:

8 Mr. Gilmore asked the Minister for Equality and Law Reform if he intends to implement the recommendation in the report of the Second Commission on the Status of Women that the Interpretation Act, 1937 should be redrafted with a view to ending discriminatory and unnecessary gender-specific language in Bills and Instruments of the Oireachtas, and to enable the adoption of the feminine gender in legislative measures clearly and primarily addressed to women; and if he will make a statement on the matter.

Robert Molloy

Question:

21 Mr. Molloy asked the Minister for Equality and Law Reform if he intends to examine the application of the Interpretation Act with a view to making the necessary changes as recommended by the Commission for the Status of Women to ensure that the language used in legislation is no longer sexist; and if he will make a statement on the matter.

I propose to take Questions Nos. 8 and 21 together.

I agree with the concerns of the Commission on the Status of Women in relation to this matter and I have initiated work on amending legislation.

Will the Minister indicate when amending legislation will be introduced? The recommendation of the Second Commission on the Status of Women seems to be straightforward and, presumably, the drafting of appropriate legislation would be a very simple matter. Is it not possible to draft legislation in a way that is inoffensive to women — for example, in current legislation human beings are automatically identified as being male? Will the Minister agree that is untenable, particularly in legislation that has relevance to women?

I agree with the Deputy's general comments. The drafting of legislation is undertaken by the Attorney General's office and the parliamentary draftspeople's office. I will bring to the attention of those concerned the comments made by Deputy McManus in that regard. I hope to be in a position to introduce an amendment to the Interpretation Act in the next Dáil session.

I am delighted with the Minister's reply. Is there any sexist references in the Matrimonial Home Bill which will be debated tomorrow? I have not yet examined the Bill but I assume there are no such references. I compliment the Minister on the references to chattels in that Bill which do not refer to spouses or women but to household goods. I am delighted that at last the word "chattel" has a new legal meaning.

I am shocked that my constituency colleague, Deputy Harney, would think for a moment that I would even dream of using the word "chattel" in connection with anything other than items of furniture and personal property. The Bill, as drafted, is structured to some extent in an unacceptable way and a number of appropriate amendments will be tabled on Committee Stage.

Would the Minister be willing to consider documents containing unacceptable language that emanate from Government Departments such as, for example, census forms? A form is distributed by the local authority of which I am a member in which the term "head of household" is used. Will the Minister agree that such language is offensive and negates the principle of partnership under which modern homes are run? Will the Minister consider that aspect of sexism, even though it is not gender specific?

I will be happy to consider that matter. Across the whole spectrum of local and central Government activities sexism is prevalent. For example, birth certificates and many other documents need to be altered and in the course of time this will be done. If there are any items, such as the census form, which need attention I will be happy to consider them.

To ensure a gender balance may I ask the Minister, given that it is intended to ensure that legislative instruments and Bills are gender proofed, if he has a view on the enormous amount of written material that is imported into the country which is discriminatory in terms of its gender language? Has the Minister any proposals to deal with the mass of written material that discriminates in this way? While it is important that Bills and instruments be properly gender proofed in terms of language used, the vast majority of people never read them and it is only when legal cases arise that they take note of this matter.

I am not sure what material the Deputy is referring to but if he sends me details I will certainly consider the matter.

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