Seanad debates

Monday, 14 June 2021

Employment Equality (Amendment) (Non-Disclosure Agreements) Bill 2021: Second Stage

 

10:30 am

Photo of Emer CurrieEmer Currie (Fine Gael) | Oireachtas source

Normally, when we get up to contribute to debate on a Bill, we want to add value. The preparation of this Bill, however, has been really thorough. So much work has gone into it that the only value I can really add is my support for Senator Ruane and the Civic Engagement Group. I thank Seb McAteer in Senator Ruane's office, who has put a lot of work into this. I also commend the Cathaoirleach and the Senator on the webinar. It was great to be able to discuss something in that much detail. It really set us up for this evening. That can really be seen in the contributions.

I have some experience of this issue through my circle of friends. In my friend's situation, they became so low and the situation became so toxic that they just wanted out. Others have reflected similar sentiments tonight. The webinar discussion brought the international dimension to this debate. It helped me join the dots as to the potential scale of this and to understand the global university ecosystem as it relates to the idea of passing the trash. The issue also pertains to international companies based in Ireland, including technology companies, as was mentioned by the people the Senator had on. It is also an issue in indigenous companies and in the community sector. The Senator laid that out in way that affected me powerfully this evening. It was the first sector she talked about. It is happening. The person I know to whom it happened was in a not-for-profit body. This practice is happening and we have to address it.

I am grateful that I live in the post "me too" era whenever normalised discrimination is strongly called out for what it is. Despite this, we are here again discussing shame and judgment as barriers to fully dealing with sexual harassment, harassment and discrimination except now the reputation of the organisation is taking priority instead of the protection of potential victims. We discussed this matter this evening. We need to reframe what a good corporate reputation is. We need to empower companies to understand that it is okay to value and support whistleblowers, to deal with these issues effectively and openly and to think about their long-term workplace culture before their short-term corporate reputation. They need to address the issues head on. They must take responsibility for what has happened and deal with it in an action-based way within their organisations instead of literally filing it away under the corporate carpet.

There are two wrongs here and neither belong to the victim. Both the perpetrator and the organisation that believes that anything that happens within it has no relevance outside are in the wrong. The victim has done nothing wrong, yet he or she can be further disempowered. If we ask victims seeking justice in these situations why they are doing so, they say that is because they do not want it to happen to somebody else. That these agreements would take that option away is really disturbing.

I welcome the thought that has gone into the Bill. The Senator said that is about the victims' choice and that it should be up to them whether they want to protect their confidentiality. I also recognise the importance of NDAs. I came across them a lot in my old industry, marketing. If one is taking on an agency, one obviously has to ensure that information about marketing and trade secrets is protected. I get that but companies should only be able to use these agreements, not abuse them, as the Senator has so effectively outlined.This legislation relates to the Employment Equality Acts and proposes to amend them under the nine grounds of gender, civil status, family status, sexual orientation, religion, age, disability, race and membership of the Traveller community. In the programme for Government we commit to amending gender to ensure gender identity is protected and examining the introduction of a new ground of discrimination based on socioeconomic disadvantaged status.

A person with a disability is still four and a half times more likely to be unemployed than the general population. A black person is six times more likely to be unemployed and a Traveller is 13 times more likely to be unemployed. We have so much work to do in equality of opportunity. I commend the Irish Human Rights and Equality Commission on its work in this area. Most important, I am here to lend support to the work that Senator Ruane and the Civil Engagement Group have done. I am pleased it is not being opposed. I thank them for introducing it into the narrative and putting in on the agenda.

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