Paul Gavan (Sinn Fein) | Oireachtas source

The Minister is getting a long day in the Seanad but I think it is with good cause this evening. I commend our colleague, Senator Ruane, and all the Civil Engagement Group. They have consistently brought relevant and crucial Bills to the Chamber and this Bill certainly falls into that spectrum. It has the full support of the Sinn Féin Party.

As a trade union official this is a problem I often came across. We saw some horrendous practices and a great power imbalance in the workplace when we were trying to get justice for members. In some cases they simply wanted to leave because things were so horrendous. We could get a settlement but not before non-disclosure agreements were signed. That is a horrible reality of working life in a minority of workplaces but the point is that it happens. Everyone agrees it should not be happening. I commend almost every speaker so far. There seems to be consensus around the importance of this legislation. I urge the Minister to give it full support not only today but at every stage. This Bill will really make a difference for working women.

Let us be clear: non-disclosure agreements silence workers. They stop victims of sexual harassment, discrimination or bullying at work from having their voices heard and from getting justice. Using a non-disclosure agreement to prevent someone from speaking out, to prevent the truth from coming out or to cause any undue stress to workers in the workplace is wrong. The practice of using NDAs to hinder, prevent or slow injustices or to keep employees in an unjust silence must end. This Bill allows that to happen. What is sought is transparency and openness in this area for employees.

There was an excellent article in The Irish Timesthat featured Senator Ruane. I imagine many of us have read it. It was shocking to read that women were paid as little as €5,000 in severance after abuse and then were forever silenced by being forced to sign non-disclosure agreements.

In Britain, the Trades Union Congress said in 2019 that too many employers are using NDAs to shirk responsibility for tackling and eradicating sexual harassment, discrimination and bullying at work. Trade unions have long argued that non-disclosure agreements prevent victims of sexual harassment, discrimination or bullying at work from having their voices heard.

It is time to take action. A report from the Women and Equalities Committee in the UK Parliament revealed that NDAs are being used routinely to cover up mistreatment at work. That committee condemned the use of NDAs to cover up discrimination and sexual harassment and called on the UK Government to reset the parameters around the use of NDAs. The committee report relays 45 recommendations and concerns for the Government in Britain in respect of this issue. Unions in Britain have said that in some sectors employers insist on confidentiality clauses before discussions on virtually all settlement agreements begin. This is another issue. Workers are often forced to sign a NDA simply to get a job reference to make progress in their careers. Employers are not legally obliged to provide a reference so sometimes the only way to get one is by agreeing to a restrictive confidentiality clause. Often victims regret signing these agreements. They are often in a difficult position after years of abuse in the workforce. We can never tackle problems as deep-rooted as harassment and discrimination while employers are free to sweep them under the carpet. The solutions are clear and the good news is that the Minister has a solution available to him this evening.

This is valuable legislation. Senator Ruane has drafted it in the right area. The Employment Equality Act is exactly the place to take this action. I hope the Minister will give it full support and allow for swift passage through these Chambers. The Minister has the power to do that. There seems to be broad consensus that this Bill is one we should all get behind and one of which all of us in the Seanad could be proud.