House of Commons · Written Ministerial Statement
Review of legislative drafting
23 May 2022 · Leader of the House
Proposed by Mark Spencer Con Sherwood
Summarised by AI from the official record, so it can contain mistakes.
At a glance
Key points
- The Ministerial and Other Maternity Allowances Bill was amended to use gendered language instead of gender-neutral terms.
- Ministers committed to review the Government's approach to drafting legislation regarding pregnancy or childbirth.
- Parliamentary Counsel drafting guidance will be updated to reflect the new approach while ensuring legal clarity.
Issue summary
The Ministerial and Other Maternity Allowances Bill was amended to use gendered language instead of gender-neutral terms to avoid erasing women from public discourse and legislation.
Action requested
Ministers committed to review the Government's approach to drafting legislation on subjects like pregnancy or childbirth, considering academic warnings about potential adverse health consequences from de-gendered language. They will update Parliamentary Counsel drafting guidance to reflect this approach while ensuring legal clarity and fulfilling policy intent.
Key facts
- The Bill was amended so that gender-neutral nouns were replaced with gendered ones.
- Academics in Frontiers in Global Women’s Health warned of potential adverse health consequences from de-gendered language.
- The School Premises (England) Regulations 2012 requires separate toilet facilities for boys and girls.
- Section 9 of the Gender Recognition Act 2004 includes a reference to “woman” that covers individuals with a Gender Recognition Certificate.