Dáil Éireann Debate, Thursday - 24 March 2022
312. Deputy Alan Farrell asked the Minister for Children, Equality, Disability, Integration and Youth the status of his Department’s report on the use of non-disclosure agreements in sexual harassment disputes; and if he will make a statement on the matter. [15585/22]
View answerMy department published a report on, “The prevalence and use of Non-Disclosure Agreements (NDAs) in discrimination and sexual harassment disputes” on the 7th March 2022. The report investigates the use and prevalence of Non-Disclosure Agreements (NDAs), with a specific focus on cases of alleged sexual harassment or discrimination in Ireland and a number of other jurisdictions, including the UK, USA, Canada and Australia.
The report was undertaken in the context of growing public awareness of the potentially unethical use of NDAs, and the ongoing review of Ireland’s Equality Acts. The research was also undertaken in the context of the introduction of a Private Member’s Bill designed to regulate the use of NDAs: the Employment Equality (Amendment) (Non-Disclosure Agreements) Bill 2021 (Bill 82 of 2021).
The report draws together what is known about NDAs in order to provide a resource to policy-makers in their deliberations about any future regulation of their use in the Irish context. Its findings include that, in line with other jurisdictions, NDAs are used in Ireland in a range of contexts. While their inherent secrecy presents a challenge to researchers and policymakers seeking to understand their prevalence and impact, what is known is that: victims of sexual harassment and discrimination often feel isolated as a result of signing an NDA; organisations can use NDAs to silence victims and avoid challenging discriminatory organisational cultures; and, NDAs can prevent patterns of harassment and discrimination being identified and exposed.
The report includes recommendations on potential methodologies for further research, and an overview of stakeholder perspectives on the optimum legislative response. The report describes how some commentators and practitioners are in favour of the effective prohibition of NDAs in cases of sexual harassment or discrimination, while others favour their regulation, but still see an important role for them in the ethical resolution of disputes and worry about unintended consequences should they be prohibited.
The full report is available here: www.gov.ie/en/publication/ef5f6-the-prevalence-and-use-of-non-disclosure-agreements-ndas-in-discrimination-and-sexual-harassment-disputes/.
