Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I thank Senators for their continued work on bringing forward this legislation, which will address the issue of the misuse of non-disclosure agreements in employment to cover up instances of harassment, discrimination and abuse. I reiterate that sexual harassment and discrimination have no place in the workplace. Employers should be open to addressing these challenges when they occur.

The Government will not oppose this Bill today. It supports the general principles behind the Private Member's Bill. As the Bill is currently drafted, it may not capture in entirety the broad nature and use of non-disclosure agreements, NDAs. As I have previously indicated, I intend to address the issue of non-disclosure agreements in cases of discrimination and harassment through legislation arising from the review of the equality Acts. This work is now well advanced and the heads of Bill will hopefully be brought to Government by the end of this year.

The Government's proposals on this issue will be informed by the research carried out by my Department and published last year on the prevalence and use of non-disclosure agreements in discrimination and sexual harassment disputes. This research highlighted that NDAs are commonly used in a range of contexts in Ireland and that the inherent secrecy of these contracts presents challenges in rectifying the misuse of NDAs. The report notes that there would appear to be consensus among all stakeholders that some change is needed, with different perspectives on the optimum legislative response to the challenges presented by the use of NDAs. While some commentators and practitioners favour the effective prohibition of NDAs in cases of sexual harassment or discrimination, others favour their regulation but still see an important role for them in the ethical resolution of disputes.

The main recommendation from the report is that prevention is key. Human resource practices should encourage reporting and foster a workplace culture that does not tolerate sexual harassment or discrimination. However, in cases in which a settlement following a dispute includes an NDA, employers should ensure that best practice is followed.

No one should ever feel forced or obligated to hide their experiences and no one should ever be put under pressure to conceal harassment or discrimination to protect the reputation of an individual, institution or company. Employers have a responsibility to recognise where there is harassment or discrimination in their workplace and to protect their employees by taking steps to prevent or address this when it occurs.

I greatly appreciate the work and commitment on this issue by the sponsoring Senators and the initiatives taken to improve and strengthen our employment equality legislation in Ireland. I thank Senators for all the work they have done on this Bill in an important equality area.

I acknowledge that Prince Edward Island in Canada enacted legislation which is largely modelled on Senator Ruane's Bill. I particularly commend the Senator for the international leadership she is showing on this issue.

I assure Senators of my commitment to addressing this issue, just as I am committed to making sure our equality legislation is responsive to changes that are happening in society and is updated accordingly as issues are identified. Today's debate highlights an important area of employment equality which requires updating and I remain committed to ensuring that we address these issues raised today through our equality review legislation. I thank the Cathaoirleach and Senator Ruane for her work in this area.