The drafting of legislation is undertaken by Office of the Parliamentary Counsel to the Government, within the Attorney General’s Office, on the instructions of Government Departments, including the Department of Finance. The final text as enacted is, of course, ultimately a matter for the Oireachtas.
The drafting of legislation takes place in the context of section 18 of the Interpretation Act 2005. Section 18(b) provides that “a word importing the masculine gender shall be read as also importing the feminine gender” and, for legislation passed or made after 22 December 1993, “a word importing the feminine gender shall be read as also importing the masculine gender”. Of course, this rule only applies “except in so far as the contrary intention appears”. Despite this general rule of interpretation, it is the general practice of the Office of the Parliamentary Counsel to the Government to use gender neutral language in drafting legislation, and my Department is supportive of this policy.