Saturday, October 10, 2009

The law of gender

One intriguing section of the Motor Car Act of 1903 says that:

"The definition of 'male servant' … shall be constructed as if a person employed to drive a motor car were included in that definition."

Although I know that attempts to introduce gender free legislation date back at least to John Stuart Mills proposed amendment of 1860s franchise legislation, & that our modern Parliamentary Draftsmen (& women) are committed to this, I somehow do not think that ‘person’ was introduced here to acknowledge the fact that women could (or might) drive a motor car – if I can find the time it will be interesting to find out more.

I suspect that servant was the word causing the trouble:

EARL RUSSELL My Lords, this is a reproduction of a clause which was in the Motor Car Act, 1903, and has been in existence since then. At that time this was a new kind of male servant that did not come within the description contemplated by the old Act, and so it was inserted in the Act of 1903. Of course, its proper place, no doubt, is a Finance Bill. It is put in here because it is desired to repeal in the Schedules the whole of the 1903 Act and to re-enact its provisions. I think your Lordships will regard it as more convenient. I beg to move.

Even Chief Constables have been in trouble for not telling their driver to slow down – I am not sure whether this is because the driver is technically their servant as defined in this Act, or just that Chief Constables should know better & are supposed to be role models

And male servants have continued to figure in the legislation until a surprisingly recent date