Seán Sherlock (Cork East, Labour) | Oireachtas source

I want to take up the running theme. Before I do, I want it to be known on the record – I am speaking for myself and pretty sure I am also speaking for my colleagues - that there is no attempt on the part of the committee to delay this legislation. We are mindful and conscious of the work of the Irish Cancer Society. We find ourselves in the unfortunate position that we are legislating for three bespoke issues in one legislative package and, in and of itself, that presents challenges, particularly regarding the NDAs. It is important to state there is nothing we want more than to see the successful passage of this legislation, especially in regard to the issues faced by women who find themselves in medical treatment during their maternity leave. That is something we all want to see sorted out.

I follow on from the theme raised by Deputy Coveney regarding head 8 and to delve a little deeper into this.

I still do not know what the content is or what the issues are. Forgive me if I am missing something in dispatches from the Minister. What are the issues? Tell us plainly what the issues are. I understand it needs to pass a legislative amendment test. We all understand this. Are there issues with regard to pre-existing non-disclosure agreements and their legality? These are specific questions. Is there the existence of non-disclosure agreements, for instance, in Departments, across Government, across the Civil Service or across the public sector? Do such agreements exist? If so, do they give rise to issues here?

Senator Ruane will speak more definitively on the new section 14A. Are there other issues that have arisen, not from a drafting point of view but more from what I would call a contextual or issue-based point of view? What are the difficulties and complexities that arise? I do not believe this question has been answered sufficiently. If we are up against the clock because the Minister will want to have the legislation passed before the end of his mandate, my fear is that if it goes to Committee Stage in the Dáil there will be a guillotine put on it. We are all up against an election date. To be fair to the Minister, he has put a lot of political stock in getting this legislation across the line. I am fearful there will not be enough time on Committee Stage to debate these issues properly. This is why I am asking about them now.

I want the Minister to broaden out the conversation a bit more. What is so injurious, for want of a better expression, in the wording of section 14A(1), (2), (3) and (4)? Is there something I am missing in reading the draft? Am I missing something that is absolutely glaring that needs to be dealt with, which the Minister has not articulated to us today? I will leave it at that.