Erin McGreehan (Fianna Fail) | Oireachtas source

I thank the Minister for being here and congratulate Senator Ruane on her work in the area. I thank her for bringing this motion before the House. I also acknowledge Senator Ruane's work bringing the Employment Equality (Amendment) (Non-Disclosure Agreements) Bill 2021 to the House last June. I was very much educated in the area of third level sexual harassment internationally and nationally with the webinar Senator Ruane organised before that. To my embarrassment, it was an issue on which I was not well briefed before that debate and I am grateful to her for highlighting this work and advocating for this change to create a safer and more just place for everyone.

The facts raised last June were shocking and it is really outrageous that non-disclosure agreements are used against victims to reduce their rights. The law should always be actively weighted in favour of and not against the victim. It is never in the public interest to bury abuse cases. Currently, as was noted, no legislative provisions govern non-disclosure agreements or confidentiality clauses in settlement agreements and the extent of the use of these agreements in Ireland in these circumstances is unknown. The use of non-disclosure agreements to protect the abuser and assist the institution perpetuates the power imbalance of abuser over victim. Let us hope we can get to the bottom of that with the Minister's co-operation and lift the lid on some of what is happening.

Sexual harassment, as we know, is rife in many parts of our society, and the third level sector is only one example. Sadly, time and again we hear testimonies from women in the main highlighting their lived experiences. Most, unfortunately, go unrecorded and I can add myself to the list of women who have suffered sexual harassment and said nothing. Why did I say nothing? Well, you do not want to be that person and that is not what you want to be known or remembered for. It is hard enough for women to get on in their careers without being known as the person who brought a sexual harassment charge against someone else. We just do not want to go there. A younger Erin McGreehan would just think, "Erin, put your head down, work hard and be remembered for what you did and not for what someone else did to you." That is wrong and I am thankful the older, perhaps brasher, Erin would not tolerate it.

So many people are silenced by society or a legal silencing though non-disclosure agreements. This has been perpetuated by the State for more than 100 years now, including through the abuses that happened and were covered up in institutions, which we have discussed many times in this House. Unfortunately, we are seeing it again. Decades ago, sexual harassment was highlighted in the Defence Forces. I wrote to the Department months ago on the matter and received no response. I am sure the Minister agrees it is shocking and upsetting to think individuals, victims, researchers and even public representatives were ignored when they asked the Department of Defence about sexual harassment in the Defence Forces. It feels that wrongdoing is only acknowledged in this country after the victims have to scream to be heard and shame the authorities into acting. Women of honour had to scream to shame authorities into acting. They had to go on national radio and relive their harsh experience to be heard and get the State to act.

We need a zero-tolerance attitude to sexual harassment at every level in our society. The State must provide safety, whether that is in our homes, schools, colleges, workplaces or streets. To be honest, I am sick of the onus always being put on women or victims to change or take a stand on this. Newstalk radio published the results of a survey this week about safety on our streets and how women feel unsafe when alone on our streets at night. Why is the onus always on women to change? It is often "the woman’s fault" and I often hear that women should have changed their route home, changed their clothes, should not have been drinking or had that many sexual partners. There are endless amounts of excuses.

To hell with that attitude; I am over it. I demand safer workplaces and safer streets. Let us make this country a place where there is enough protection for people and they feel safe. We must make this a country where that creep knows such action will not be tolerated and that people are protected. There must be adequate deterrents with victim-centred structures as opposed to a system focused on mitigating against any bad press or which puts the onus on the victim to prove he or she did not just ask for it. We need to prevent those creeps from abusing and from harassing. We must take the power from them and not the victim. We always see two ingredients that enable abusers, which are power and silence. We must remember the singular most important factors are the victims, their suffering and their needs. To put it simply, prevention is better than cure.