Skip to main content
Normal View

Third Level Staff

Dáil Éireann Debate, Wednesday - 19 January 2022

Wednesday, 19 January 2022

Questions (1170)

Ivana Bacik

Question:

1170. Deputy Ivana Bacik asked the Minister for Further and Higher Education, Research, Innovation and Science his views on and understanding of the prevalence of non-disclosure or confidentiality agreements in third-level education institutions in the context of bullying and sexual harassment; and if he will make a statement on the matter. [1915/22]

View answer

Written answers

I would like to thank the Deputy for raising the very important issue of combatting bullying and sexual harassment in our third level institutions and the use of non-disclosure or confidentiality agreements in third-level education institutions.

No country or institution is immune to the occurrence of sexual harassment. It can happen to anyone and it can happen anywhere. We know that sexual harassment affects both men and women. Let me say very clearly at the outset that sexual harassment and sexual violence against women and girls is an issue of gender equality. Without a sustained, consistent and ambitious effort to eradicate sexual violence and harassment, real gender equality remains elusive.

As for bullying, this act of aggression and dominance cuts to the very bone of the victim and, like cases of sexual violence and harassment, can have profound impacts on an individual’s life, livelihood, relationship and participation in the community.

It must be our collective aim to work together in partnership to build a society, culture and institutions where these behaviours are not tolerated. To protect victims and ensure accountability, we must:

- prevent - through information and awareness raising especially on matters such as consent;

- reduce - through structures, procedures and policies that severely limit the potential occurrence of sexual harassment and bullying; and

- support – by ensuring that each and every victim of sexual harassment and bullying is given the right supports and space to heal.

Tackling Sexual Harassment and Violence in third level institutions is a key commitment in the Programme for Government, and my Department and the Government as a whole remain firmly committed to addressing this issue.

It goes without saying that experiences of sexual violence or harassment have a hugely negative impact on each individual person, affecting overall wellbeing and academic or professional attainment.

Higher education institutions have a responsibility to their students and staff. They must foster a campus culture that is clear in the condemnation of unwanted and unacceptable behaviours.

They must set out their stall that every student and staff member is entitled to safety and active participation in college life.

In relation specifically to the issue of non-disclosure agreements or NDAs. I am not supportive of their use in cases of bullying or sexual harassment in the third level sector. Non-disclosure agreements have the effect of silencing victims and in doing so they can prevent healing and recovery, and damage the prospect of accountability for perpetrators.

My Department, through engagement with the representative bodies of the higher education institutions, the Irish Universities Association (IUA) and Technological Higher Education Association (THEA), has been advised that the institutions do not support the use of non-disclosure agreements, in their responses to incidences of bullying or sexual harassment. I have also recently written to the heads of our higher education institutions to highlight my objection to the use of NDAs and to seek their assurance that they are not used in cases of sexual harassment, bullying or discrimination at either institutional or college/department levels.

Individual complaints of sexual harassment or bullying should progress through the formal investigative, and if necessary, disciplinary procedures, within third level institutions.

It is so important that we as members of the Oireachtas and within broader society are reminded that women and girls in particular remain so uniquely vulnerable to sexual violence and harassment. We still have massive work to do as a society and in our higher education institutions. I would like to remember and thank all victims of bullying and sexual harassment who have ever shared their individual experience, memories and thoughts – be it in an anonymised survey or a message on social media.

I will continue to lead the way on institutional change, championing the changes required, listening to survivors and working in collaboration to achieve justice for victims and a cultural norm where bullying and sexual harassment are not tolerated. 

Top
Share