Seanad debates

Wednesday, 22 October 2003

Criminal Justice (Temporary Release of Prisoners) Bill 2001: Report and Final Stages.

 

It is not a question of applying a male gender regime to legislation. It is simply a matter of ensuring consistency in the expressions used where an amending Bill deals with legislation that originated prior to the beginning of the gender-proofing regime. The Office of the Parliamentary Counsel has assured us that it is a question of applying the appropriate terminology that suits the circumstances. For example, amendments to the Maternity (Protection) Act 1994 would be drafted in the feminine form as the original Act is in that form and references in the masculine gender would not be used there. I am not sure that the Maternity (Protection) Act comparison is apposite as it deals with mothers, and there is a distinction between a father and a mother. While we changed our practice in this issue in 1993 and legislation is now gender-proofed, there is a difficulty with the consistency of new legislation with pre-1993 legislation.

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