I move: "That the Bill be now read a Second Time."
The Bill is intended to facilitate the drafting of legislation and statutory instruments in the feminine gender.
The Interpretation Act, 1937, defines the meaning and construction of words and expressions used in legislation. Section 11 (b) of that Act provides that, in the interpretation of legislation generally, every word importing the masculine gender shall, unless the contrary intention appears, be construed as if it imported also the feminine gender. The converse of this rule, however, does not apply. In other words, "he" can include "she" but "she" cannot include "he".
As a result, legislation is drafted in the masculine gender, unless it relates exclusively to women, as is the case with the Maternity (Protection of Employees) Act, 1981. However, legislation which affects both women and men is couched in the masculine gender even if it primarily relates to women. This was the case with the Employment Equality Act, 1977.
The predominance of the masculine gender in our legislation has been widely criticised in recent years and there have been calls from many quarters for an amendment to the 1937 Act. The Act has been criticised by the Oireachtas Joint Committee on Women's Rights and has been the subject of Private Members' Bills in the past. The Second Commission on the Status of Women described the present position as sexist and one that could "contribute to stereotyped and limiting images of the respective roles of women and men". The commission recommended that the Interpretation Act be amended to enable the adoption of the feminine gender in legislative measures clearly and primarily addressed to women.
I share the concerns which have been expressed about the predominance of the masculine gender in legislation. We are all aware nowadays of the importance of terminology in shaping perceptions of particular groups. It is no longer acceptable to use language which is sexist or which reinforces sexual stereotypes.
I am convinced that the present predominance of the masculine gender in our legislation is distorted and offensive to women. It is simply not acceptable that legislation which is primarily but not exclusively directed at women should be framed in the masculine gender. It is sexist and reinforces stereotyped views of the roles of women and men. It is time for change.
Section 1 of the Bill provides that, in the interpretation of legislation generally, every word importing the feminine gender shall, unless the contrary intention appears, be construed as if it also imported the masculine gender. This is, of course, the converse of the existing provision in section 11 (b) of the 1937 Act. It will mean that use of the feminine gender in Bills and statutory instruments will no longer be confined to measures directed exclusively to women. This provision will apply to Acts passed on or after the date of enactment of the present Bill and to statutory instruments made under such Acts.
Section 2 of the Bill is a standard technical provision which provides for short title, construction and collective citation.
I would draw the attention of the House to the fact that, to complement the provision of the Bill, the Government has decided that, in general, Bills and statutory instruments should be drafted in gender-neutral language as far as possible. In other words, legislation will be framed, as far as possible, in terms which can apply to either gender rather than in terms which are specifically masculine or feminine.
This Bill may be short but it represents a significant advance in improving the status of women in this country. It makes a fundamental change to the Interpretation Act. I commend the Bill to the House.