Steven Matthews (Wicklow, Green Party)
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155. To ask the Minister for Children, Equality, Disability, Integration and Youth the implications of the proposed banning and regulation of non-disclosure agreements in employment contracts; and if he will make a statement on the matter. [43393/24]

Roderic O'Gorman (Dublin West, Green Party)
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In July 2024, I published the General Scheme of the Maternity Protection (Amendment) and Miscellaneous Provisions Bill 2024 [www.gov.ie/en/publication/b1ba2-general-scheme-maternity-protection-amendment-and-miscellaneous-provisions-bill-2024/ ]. Head 8 of that General Scheme proposed to regulate the use of Non-Disclosure Agreements (NDAs) related to allegations of discrimination, harassment, sexual harassment, or victimisation.

Today, 23 October, I am bringing forward Committee Stage Amendments to the Maternity Protection Bill 2024 [www.oireachtas.ie/en/bills/bill/2024/77/], which is now before Dail Éireann. These amendments include provisions related to NDAs, based on Head 8 of the General Scheme.

It is proposed that amendments be made to the Equality Employment Acts 1998-2015 to provide that an employer shall not enter into a non-disclosure agreement with an employee where the employee has made allegations of discrimination, harassment, sexual harassment or victimisation, unless it has been requested by the employee. This is intended to address the power imbalance that often occurs between employee and employer with regard to such NDAs, or where employees may feel pressured to enter into such an agreement.

In order for an NDA to be enforceable, the proposed amendment lists a number of criteria that must be fulfilled, including that the employee must be provided with legal advice, at the expense of the employer. The proposal also includes a list of excepted professions to whom a disclosure can be made, and further allows for the inclusion of named individuals or classes of individuals to whom such disclosures would also be allowed.

Overall, it is intended that these proposals will provide protection for employees who might otherwise feel pressurised into entering NDAs. I have heard anecdotal stories of employees who have regretted signing such NDAs and who remain fearful years later, because of confusion about what they are entitled to disclose, and to whom. My intention is to prevent such cases arising in the future, and to ensure that nobody is pressurised into such agreements.