Frances Black (Independent) | Oireachtas source

I want to start by thanking the Cathaoirleach for providing this space for us to hold this important debate this evening. I also thank the Minister for joining us to be part of the conversation. Most importantly, I want to commend, congratulate and thank my colleague Senator Ruane for introducing this motion and for encouraging this conversation. I also want to commend the work of Senator Ruane’s office, as well as the work of the international experts with whom Senator Ruane consulted in drafting the proposed legislation. I am honoured to have Senator Ruane not only as my colleague but my friend.

While non-disclosure agreements, NDAs, might not have sinister origins, it is evident that they are being misused in contemporary society to silence victims of abuse, discrimination and harassment. While there may be merit in protecting trade secrets from being shared, there is no merit in silencing victims of abuse and, in turn, protecting their perpetrators. By normalising the misuse of NDAs, all that has been achieved is the de factonormalisation of abuse, discrimination and harassment in our workplaces, schools and colleges. This has been highlighted by the research undertaken by Senator Ruane’s office in Irish universities and the high-profile patterns of abuse which were exposed by the Me Too movement. Despite the fact that we know that NDAs are widely misused, we cannot be sure as to the full extent, due to the secretive nature of the agreements themselves. As a result we cannot be certain as to the precise number of incidents of abuse, discrimination or harassment that have occurred in our places of work and study.

Maintaining the status quowill not only continue to silence victims, but it will permit perpetrators up this sort of abuse to cause harm to others in the future. That is a huge concern. We must protect those who have suffered abuse of this nature by allowing them to tell their story, if they choose to do so. We also have to protect those who may be at risk of suffering this kind of abuse in the future by dismantling the systems which uphold the perpetration of this behaviour in our workplaces, schools and colleges. It is in everyone's interest to know where abuse is being perpetrated and by whom. It protects us all.

The misuse of NDAs essentially allows an employer to cover up instances of abuse which harks back to the damage inflicted on communities all around this country by the Catholic Church. This has become known as “passing the trash” in the years since the Me Too movement. It was a practice utilised by the Catholic Church for decades in Ireland, where abusers were moved from parish to parish. Simply moving the problem did not solve anything in Ireland. Covering up similar behaviour with an NDA is likely to achieve a similar end, as the patterns of abuse in the Me Too movement so clearly demonstrated.

We must also consider the impact of NDAs at the individual level and acknowledge that an NDA can trap victims with their abuse with absolutely no way out. The trauma of an abusive incident does not end with the signing of an NDA, but it is instead carried by the survivor of abuse throughout their life. Many NDAs preclude an individual from speaking about abuse they suffered with anyone, whether that is a partner, family member, friend, doctor or mental health professional. How can someone be expected to heal from an abusive incident if they are not allowed to speak about it and if they are not allowed to seek help to deal with the impact that the incident continues to have on their life?

The trust that we often place on people who are in positions of power has been taken advantage of too often. We cannot allow this to continue. While organisations and institutions may commit to ending the use of NDAs to silence victims of abuse, their misuse cannot be precluded unless we change the law. Our trust has been taken advantage of by powerful organisations and institutions previously. That is why we need legislation, as proposed by Senator Ruane. Anything less than that risks the perpetration of abuse and discrimination in our places of work and study, as well as the NDAs used to cover this abuse up.

By having this conversation, and by signing legislation such as recently proposed by Senator Ruane into law, there is an opportunity to set an international standard for responding to instances of abuse and discrimination in workplaces, schools and colleges. We can be an example to other jurisdictions in condemning abuse of all kinds, empowering victims and survivors, and holding perpetrators to account. That seems like a worthwhile endeavour in my mind. I trust that the Minister and my colleagues in the Seanad and Dáil will agree.