Frances Black (Independent) | Oireachtas source

I commend my good friend and colleague, Senator Ruane, and her parliamentary advisor, Seb McAteer, on the incredible work they have done on this Bill. There is no doubt that the Senator's dedication to shining a light on this troubling and highly sensitive areas has been inspiring.

I congratulate her on the launch of this Bill with the amazing panel of experts who have long advocated against NDA abuse. I will comment on one expert who spoke, Professor Julie Macfarlane, distinguished professor in the University of Windsor in Ontario. She personally experienced the impact of NDAs when she discovered a secret settlement made to protect her university and former colleague after his termination for harassment and intimidation of students. Revealing the true circumstances behind this departure led to her being successfully sued for defamation as her employer hid behind the NDA. It is shocking to think this is going on in universities. Can Senators imagine if it happened to their own child and they were silenced and not able to speak about it? I know from working in the area of therapy about the impact on mental health of not being able to speak about something like that. It is almost blaming the person for what has happened.

I am happy to support this. I will not speak on the technical side of the Bill. Senators Ruane and Higgins have done that. They have clearly and accurately laid out the intention and context of the Bill. I will speak about the importance and significance of the Bill in empowering victims in Irish society. Silence has fallen on the Irish people far too many times throughout history. We have covered up some horrific truths and buried them with shame so I am delighted to see this Bill and that it is not being opposed by the Government.

How could there be a legal basis for covering up a crime? It is shocking, unethical and immoral. It is not of benefit to the victim or anybody who comes in contact with the perpetrator if an employer negotiates an NDA to hide instances of abuse or bullying and then provides a glowing reference so the person is free to move on. They are desperately failing in their duty of care. We can never have a society where we strive to bring about justice for victims only in return for silence. That is not justice.

I am delighted the Minister is supporting this Bill to value the importance of protecting victims at all stages of abuse, not only to speak out but to move to a time where protecting the perpetrators is no longer an option. NDAs serve to protect upper level executives and managers who abuse their power and do nothing to help victims. Where a potential offence has been committed and somebody as a result is dealing with trauma and injury, it is horrific that we have a tool enshrined in law that ensures this crime will not be reported. We have given a legal basis to silence victims in the past and protect perpetrators and their employers. That must end.

This Bill is important for society in general and especially for women. It is particularly poignant in the light of the recent conversation on the mother and baby homes waivers, which is yet another horrific example of women being able to access justice where in return they never speak of the injustices they have experienced. The Bill signifies an end to this silence and the conditional justice women have been tethered to for too long. It breaks the traumatic silence that has harmed many victims. I am grateful to be part of the Civil Engagement Group and a friend of Senator Ruane, proud to be here today and appreciative of the fact the Government is supporting this.