The purpose of this Bill is to facilitate the drafting of legislation and statutory instruments in the feminine gender.
Senators will be aware that 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.
The practice has therefore been that 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 drafted in the masculine gender even if it primarily relates to women, as is the case with the Employment Equality Act, 1977.
There have been many calls 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 criticised 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 believe these criticisms are well-founded. There is general awareness 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 believe the State should give a lead in addressing this issue.
I stress I am bringing forward this legislation not for ideological reasons but for sound practical ones. This is not a matter of being "politically correct". The predominance of the masculine gender in legislation can, as the Commission on the Status of Women pointed out, contribute to stereotyped and limiting images of the respective roles of women and men. It is sexist and demeaning that legislation which will primarily, but not exclusively, affect women cannot be couched in the feminine gender. There is a clear imbalance in the present position and the Bill is designed to redress this imbalance.
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.
To complement the provisions 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 is possible in terms which can apply to either gender rather than in terms which are specifically masculine or feminine.
This is a short Bill but it represents a fundamental change to the Interpretation Act. Its importance should not be underestimated. I commend the Bill to the House.