Seanad debates

Monday, 14 June 2021

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

 

10:30 am

Photo of Eileen FlynnEileen Flynn (Independent) | Oireachtas source

I apologise for the earlier episode. Today, we are part of history. I thank Senator Ruane and her office for all the hard work she has done on this Bill to date. Before I ever had the opportunity to come to this House, Senator Ruane has been a great role model to young women like myself. I thank her and her office from the bottom of my heart for bringing this legislation forward today. It is an issue that is not spoken about much. I am proud to be a co-sponsor of this Bill.

This Bill would right serious wrongs in our society. Women in Ireland are being forced to sign non-disclosure agreements around abuse, bullying and discrimination they face in employment in order to receive severance payments. Women in this position are being victimised twice: first, through the abuse they face while in the workplace and, later, when their power to tell their story is taken from them. The person who engaged in the abuse or discrimination is protected by this enforced secrecy. In Irish society, we are so used to cover-ups and moving people along.

Under Senator Ruane's Bill, non-disclosure agreement requests by the victim of harassment or abuse to protect their confidentiality would still be legally enforceable. It is important that women who want that protection can still have it. No other non-disclosure agreements following cases of workplace sexual harassment or discrimination would be permitted. Senator Ruane learned that non-disclosure agreements are not uncommon. Non-disclosure agreements to protect sensitive commercial or legal information would not be affected by this legislation.

When we are talking about cases of sexual harassment, non-disclosure agreements work to silence victims. Abusers may then go on from job to job without being held accountable for their actions.Through the use of NDAs, employers are often relieved of their responsibility to hold people accountable for their actions.

Senator Ruane recently held a very powerful launch for the Bill which featured the first woman to break an NDA signed with Harvey Weinstein, a film producer who is now a convicted sex offender, as well as other women who are actively challenging the use of confidentiality clauses in the UK and the United States. We heard about the additional trauma this silence imposed on victims of sexual harassment and discrimination, women who have already experienced trauma. We have heard about the human cost of this enforced silence to women and other victims of abuse. This should not be the case. The Bill respects and supports women and other victims of abuse, bullying and discrimination by giving them back their voice. Speakers at the launch told those in attendance that this will be Ireland's chance to be a world leader in this area. Now it is our opportunity not to take a step in the right direction, but to take a leap in the right direction, guided by Senator Ruane and other Oireachtas Members. It is very welcome to see the support for taking a step in the right direction in the context of employment, especially for women from different backgrounds, as Senator Ruane rightly said in her opening remarks.

While the Minister is present, I will highlight the importance of addressing the gender pay gap, which the House discussed today, in the context of employment and equality in employment. A cohort of people are being left out and face discrimination in terms of not even being able to get jobs in workplaces, so there is a need to consider bringing in quotas going forward. It is a conversation for another day in the context of ethnic minority groups because there are not many people from ethnic minority groups in employment in the mainstream market. I wish to point that out again. That is work that I and the Civil Engagement Group will be undertaking. I thank the Minister for supporting this very important Bill.

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