Oct
25
2023
Senator Ruane’s Groundbreaking NDA Bill Passes in Seanad Éireann
The Employment Equality (Amendment) (Non-Disclosure Agreement) Bill 2021, first tabled by Senator Lynn Ruane in Seanad Éireann in June 2021, has successfully completed its passage in Ireland’s Upper House. This is the second Bill introduced by Senator Ruane that has been passed by Seanad Éireann, with the Criminal Justice (Rehabilitative Periods) Bill 2018 having successfully navigated the Upper House in June 2021.
The Bill, which seeks to all but ban the use of Non Disclosure Agreements (NDAs) in instances of harassment and discrimination in the workplace, has received full support from Government and colleagues across the Seanad chamber since its introduction. If enacted, Senator Ruane’s landmark bill will ban the use of legal gagging orders that prevent victims of sexual harassment and discrimination in the workplace from speaking out about their experiences. The use of NDAs in other professional contexts, such as for the protection of trade secrets, would be unaffected.
Senator Ruane’s Bill, known internationally as the Irish NDA Bill, has received significant interest in the years since it was first tabled, with several other common law jurisdictions having transposed and enacted versions of the Bill. 2022 saw Prince Edward Island enact a version of the Senator’s Bill, while Nova Scotia and Manitoba introduced similar bills that stand at varying stages of the legislative process. In March 2023, the leader of the Green Party in British Columbia also introduced legislation modelled on the Irish NDA Bill.
Zelda Perkins and Julie McFarlane of Can’t Buy My Silence, have been instrumental in helping Senator Ruane to advance the understanding of NDA misuse, and the silence it enforces on victims of abuse and harassment. The issue has also benefited from the committed support of colleagues in Government, including through the ongoing work of Minister O’Gorman and his Department on the review of the Equality Acts, and separately Minister Simon Harris’s commitment to ending the improper use of NDAs in Irish universities.
Speaking at the conclusion of today’s debate, Senator Ruane spoke to the significance of the Bill’s passage. “Today is a landmark day for victims of workplace abuse and harassment who have been silenced by NDAs. In passing this Bill with cross-party support, we have sent a powerful message to victims, and also to the abusers who have been emboldened by the use of these legal gagging orders – this behaviour will no longer be tolerated in Irish workplaces.”
On the Government’s support for the Bill, Senator Ruane expressed her heartfelt thanks, stating: “This demonstrates that it is possible to find consensus on important issues. In the NDA Bill, we have a template as to what a legislative solution to problem NDA use can look like in Ireland. From engagement with Minister O’Gorman and his Department over the course of the last two years, I understand that there is scope to embrace the spirit of the Bill and to build on its provisions. I look forward to working with colleagues in Government to achieve this.”
The Bill will now continue its legislative journey in Dáil Éireann, following which it can be enacted in law, where it will provide a necessary legislative safeguard for Irish Citizens against the future misuse and abuse of Non-Disclosure Agreements.
