Lynn Ruane (Independent) | Oireachtas source

It could be a long time between now and then for me. I note how important this legislation is. It intersects with some of the other areas on which we work, such as protected disclosures and burials. There are so many areas on which this Bill impacts. Over the past year, the matter has come to light more and more and the media are picking up on it. Older women have travelled the country to meet me on this. One woman in her 60s or 70s travelled here on a train to hand-deliver NDAs to me out of fear of the consequences of sending them in the post. I had to meet women in town so they could hand them over. That is the type of fear people are living with. With regard to obtaining data, there are gaps because of fear. We all understand that, in some cases, the victims of abuse or sexual harassment may sign a given document in a desire to see an end to their circumstances, but we know their position changes. We know from the campaigns I am involved in on this issue here and in the UK, Australia and Canada that over time people regret signing NDAs because they heal within themselves and conclude they want accountability regarding how they were treated. It is a question of being able to set a legislative framework and policy to give voice to that, not only for the protection of the individual who has signed the NDA but also third parties who may be affected by the abuser, on whom there is no actual data because an NDA has been signed.

We have discovered the use of NDAs in the private sector. This has been more difficult for me to get to grips with because I cannot make a freedom of information request. There is information that I cannot obtain. We have tried to use other ways to get companies on board. We have been told a number of companies, including insurance companies, have used NDAs in a very aggressive manner in respect of a number of women, but often the same individual, within their organisations over a period of ten or 20 years. There is nothing I can do to reach into the private sector. Legislation is so important because it will apply across the board, not just to a particular sector. That is why legislation, rather than policy, is so important in this area. It will not impact very legitimate NDAs. It will relate only to a crime being covered up. One of the main points concerns the confidentiality of the victim in some cases. That is where we really need to have conversations. If confidentiality should apply to the victim, it does not mean it should apply to the perpetrator, nor does it mean the perpetrator should not be accountable so as to protect the anonymity of the victim. I look forward to seeing what the Minister's office and Department will come forward with. I hope that between now and then we can continue to tease out what good legislative practice in this area would be.