Frances Black (Independent) | Oireachtas source

I begin by saying how proud I am to have been one of the co-sponsors of this really important piece of legislation alongside my Civil Engagement Group colleagues. However, I have to say all praise is owed to my colleague and friend, Senator Lynn Ruane and to Robert in her office, to Brian and her whole team, and the incredible coalition of experts and activists that Senator Ruane assembled to advance this Bill. I also say well done to the Minister and his Department for the work he has done on this. Senator Ruane is no doubt a credit to this House and proof that independent politicians can get things done, which gives us all hope to be honest. We can get things done if we are able to build those alliances and if the Government is openminded enough to listen, as the Minister is and I thank him for that.

This Bill will ensure our legal system, which is supposed to be a guardian of fairness and justice, cannot be used now to threaten, silence, and victimise workers who have endured sexual harassment and discrimination. We know that in order to truly challenge the toxic cultures in workplaces workers need to be empowered to speak out. One person's bravery can inspire another person and it is only when people speak out together that the true nature and extent of the sexist, misogynistic, and predatory nature of many organisations and institutions can be revealed. As a society we are experiencing the beginning of a much suppressed and delayed reckoning with the extent of sexual and gendered violence that takes place. NDAs cannot be allowed to quash that reckoning and I am really glad to hear that the Bill will be progressing.

I will say a little about a related issue I would like to raise. It is the prevalence of NDAs in Workplace Relations Commission, WRC, settlements related to other kinds of violations of the Equal Status Act such as the discriminatory refusal to provide goods or services. Lawyers with organisations such as free legal advice centres who do a lot of work on racist discrimination by businesses say that expansive NDAs have become the norm in these kinds of settlements. It is very worrying.It is an unfair curtailment of the right of victims of discrimination to speak about their experiences. In its submission to the review of the Equality Acts, IHREC recommended that the Equal Status Act and the Employment Equality Act be amended to limit NDAs in these circumstances. I ask the Government to give real consideration to implementing these recommendations, which come from the experts dealing with these issues on the ground.

Related to this issue is that much sexual harassment and discrimination litigation that is not settled by the parties is now handled in the WRC. This is a major drawback in that civil legal aid does extend to quasi-judicial bodies. This means that workers who cannot afford a lawyer may face their abusive employers who have legal representation without any equality of arms. This recreates the power imbalance that facilitated the harassment and discrimination in the first instance. This is a manifestly unjust situation and it would be great if the Minister could address it when the review of civil legal aid is completed. I thank the Minister and offer huge thanks to Senator Ruane and her team for their fantastic work on this issue.