Paul Murphy (Dublin South West, RISE)
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272. To ask the Minister for Children, Equality, Disability, Integration and Youth if he will outline his approach to the issues raised in the Employment Equality (Amendment) (Non-Disclosure Agreements) Bill 2021, which completed Second Stage in Seanad Éireann on 1 June 2021. [55921/22]

Roderic O'Gorman (Dublin West, Green Party)
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In response to the issues raised on the Employment Equality (Amendment) (Non-Disclosure Agreements) Bill 2021, my Department undertook research into the prevalence of the use of non-disclosure agreements (NDAs) in cases of the nature covered by the Private Member's Bill.

A report of this research was published in March of this year: 'The prevalence and use of Non-Disclosure Agreements (NDAs) in discrimination and sexual harassment disputes.' This research highlighted that NDAs are commonly used in a range of contexts within Ireland and other jurisdictions, but it also noticed there were significant data gaps. The inherent secrecy of these contracts presents challenges in rectifying this problem. NDAs are often signed in contexts where there is a significant power imbalance between the signatories.

The report notes that there appears to be a consensus among all stakeholders that some change is needed, with differing perspectives on the optimum legislative response to the challenge 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 consider it preferable to regulate them while seeing a 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. In cases in which a dispute settlement includes an NDA, employers should ensure that best practice is followed.

As I have indicated during Committee Stage of this Bill in July this year, I have considered the outcomes of this research and I now intend to address the findings as part of the review of the Equality Acts underway in my Department.