Clause 23 - Power to modify statutory provisions
Gender Recognition Bill [Lords]
4:15 pm
Mr Tim Boswell (Daventry, Conservative)
When I see a clause headed ''Power to modify statutory provisions'', I feel a degree of sensitivity. That is not a power that we should give to any Government or Minister lightly, because we are here to decide what legislation we want, and not what kind of legislation Ministers might want or that we might have had if we had thought of it.
I understand the genesis of the clause. The helpful explanatory notes from the Department state:
''Legislation has made distinctions on the basis of gender for centuries, and the use of gender-specific terms, though it has reduced, nevertheless continues in some contexts.''
It goes on to spill the beans on why the clause has been included:
''Though a thorough analysis has been conducted of areas in which the facility to change gender may cause difficulties or complexities, this clause acknowledges the possibility that other instances may come to light in the future.''
In other words, it is designed to cover situations that might happen, but which the Department has not noticed yet.
I could nod to the general wish, but I want to make one point. Legislation now is non-gender specific, generally. That is welcome and I hope that that will not change. I agree that there may be some draftsperson in the future who nods and lets something through, perhaps because of the habits of a lifetime, but I hope that the clause is primarily targeted towards clearing up any difficulties in old legislation, rather than in new legislation.
The Minister may like to consider that that there may also be circumstances in which the use of gender-specific legislation bears on private law and the relationship between parties—issues that may not have been adequately covered under the saving clause, clause 18. In that case, he may wish to deploy the provision in relation to a private inequity.
Perhaps the Minister can briefly comment on the points that I have raised. We should not allow general enabling powers to pass without some mention.