Oireachtas Joint and Select Committees
Tuesday, 24 September 2024
Joint Committee On Children, Equality, Disability, Integration And Youth
General Scheme of the Maternity Protection (Amendment) and Miscellaneous Provisions Bill 2024: Minister for Children, Equality, Disability, Integration and Youth
3:30 pm
Lynn Ruane (Independent)
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Free Legal Advice Centres, FLAC, released a report this morning or yesterday, which I am not sure whether the Minister has seen, which stated that it found State bodies, healthcare providers, educational institutes, retailers and hotel operators have all sought to conceal settlements in discrimination and equality cases by insisting on confidentiality clauses. Basically, we are saying that we will not touch that retrospectively and we will stand over contracts that are used to cover up something that is against employment law and the seven grounds of equality. We are saying that we will allow contracts stand that cover up abuse. In that case, you could sign a contract with your local priest who has carried out abuse. It does not make any sense. You could have a contract between an employer and a drug dealer, for example, and say it is an NDA. It is illegal activity. To abuse somebody or sexually harass somebody is an illegal activity. How can we have legislation that states we will not retrospectively acknowledge that we cannot have contracts that cover up illegality if something is of a standard? It is not saying all NDAs do not stand anymore rather only the ones that relate to the seven grounds of equality or sexual harassment.