Legislation: Gendered Pronouns

Lord Lucas Excerpts

Monday 25th June 2018 Lords Chamber

Asked by

[Lord Lucas]

To ask Her Majesty’s Government whether they will adopt the use of “they” as the singular pronoun in all future legislation in preference to gendered pronouns.

[Lord Young of Cookham (Con)]

My Lords—if I may so use a gendered noun in defiance of my noble friend’s Question—the Government are committed to gender-neutral drafting in legislation. There are a number of ways to avoid gender-specific pronouns, and the use of “they” in the singular is certainly one of them. Other ways to avoid gender-specific pronouns are discussed in the drafting guidance produced by parliamentary counsel.

--- Later in debate ---

[Lord Lucas (Con)]

My Lords, I am grateful for that Answer, but does my noble friend agree that the drafting guidance, which followed a debate in this Chamber some while ago, is very much a half-way house? We still permit repeated use of the “Secretary of State” and the phrase “he or she”, which is a binary rather than a unitary gender expression. In view of the forthcoming review of the Gender Recognition Act, and the expectation that that will further ease the ability of people to change gender, should we not be reviewing the whole aspect of gender in legislation and in public practice?

[Lord Young of Cookham]

My noble friend highlights the tension between etymological orthodoxy on the one hand and political correctness on the other. I was brought up to believe that “they” was a nominative plural pronoun and “he” or “she” was the singular. But that was a long time ago; popular usage has moved on, and so have the grammar guides. Indeed, the singular “they” is now used in legislation. It was used in the Terrorism Act. But, to go as far as my noble friend has suggested and use “they” in all circumstances would, I think, be a step too far. In many cases, the use of “a person” would do just as well.