Simon Harris (Wicklow, Fine Gael) | Oireachtas source

The Deputy is right. The way to deal with this is separate from the previous answers I gave. Both Deputy Pringle and Deputy Ó Ríordáin propose to expand the definition of gender to include reference to non-binary genders. I assure them this matter has been carefully considered in the drafting. While I appreciate the intention behind the amendments, I am advised caution in relation to the language in the area. The language is constantly evolving. The approach I have taken in the Bill attempts to future-proof this provision to a degree by defining gender to include genders other than male or female.

I consider this provides comprehensive protection under the Bill to persons with a non-binary gender identity while also allowing for any evolution of language in this area in the future. The legislation already as drafted does specifically, in relation to gender, define gender to include genders other than male or female and that does absolutely include persons with a non-binary gender identity. The concern is that language evolves in this area and that is why we were trying to come up with a wording and terminology that absolutely provided protection but also future-proofs the legislation somewhat in terms of evolving language. That is the rationale behind the current drafting.