Oireachtas Joint and Select Committees

Wednesday, 1 December 2021

Select Committee on Housing, Planning and Local Government

Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

As the Deputy rightly said, these amendments aim to provide for the use of gender-inclusive language in the Bill. While I appreciate that aim, we have consulted with the Office of the Attorney General on the amendments and it advises that the words "they" and "their" are both plural form, so their inclusion in the text of the Bill as proposed would have an impact on the interpretation of the legislation.

I have a suggestion, though. The Interpretation Act 2005 guarantees that any reference importing the feminine gender also imports the masculine gender, and vice versa. I have approached the Attorney General about this matter specifically. In the circumstances, the correct approach would be to amend the Interpretation Act. That does not fall under my remit but we could get the Deputy some advice on the matter. It is unquestionably an important issue, but "they" and "their" are plural form in this Bill and if we were to include them as the Deputy has requested, it would create an issue for the Bill's interpretation. To change that interpretation, we would need to amend the 2005 Act, which would then be reflected in the legislation. Due to this technical interpretation, unfortunately, I cannot accept the amendments.

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