Senator Ruane’s Landmark NDA Provisions to be Enacted in Law

Senator Ruane’s Landmark NDA Provisions to be Enacted in Law

Senator Ruane’s groundbreaking legislative provisions which sought to all but ban the use of
Non-Disclosure Agreements (NDAs) will shortly be signed into law by President Michael D.
Higgins, following the passage of the Maternity Protection, Employment Equality and
Preservation of Certain Records Bill 2024 in the Seanad today.

 

The Minister for Children, Equality, Disability, and Youth, Roderic O’Goman tabled amendments to
the Bill in Dáil Éíreann which were informed by the provisions of Senator Ruane’s Employment
Equality (Amendment) (Non-Disclosure Agreement) Bill 2021, first tabled by in Seanad Éireann in
June 2021. Senator Ruane’s Bill completed all stages in the Seanad in October 2023, progressing
unamended and with cross party and Government support, demonstrating the considered and
robust provisions of the proposed legislation.

 

The amendments, informed by Senator Ruane’s landmark 2021 Bill, will ban the use of legal
gagging orders that prevent victims of abuse, harassment and discrimination in the workplace
from speaking out about their experiences. Under the Bill, victims of workplace abuse, harassment
and discrimination will still be able to enter into an NDA, so long as the agreement is made at their
request and meets certain other conditions. 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 modeled 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 work of Minister O’Gorman and his Department on the
review of the Equality Acts, and separately Taoiseach Simon Harris’s commitment to ending the
improper use of NDAs in Irish universities. Today’s achievement, while chiefly informed by Senator
Ruane’s work, is one which ought to be shared between these stakeholders.

 

Celebrating the passage of the Bill, Senator Ruane reflected: “As an independent Senator, it is not
every day that you see your hard work pay off in a visible way; however, today is one of those days
for me. People from all over the country have shared their experiences of being subject to NDAs
with me for several years now, experiences they were petrified to share not just due to the related
trauma, but also because of the silence that was imposed on them by these agreements. Today,
with the passage of this groundbreaking legislation, I hope they find and feel the power of their
voice again. Similarly, I hope that the passage of this Bill sends a clear message to predators and
employers, that abusive behaviour, and its cover-up, will not be tolerated in Irish workplaces.”

 

 

On the Government’s support for addressing this issue, Senator Ruane expressed deep gratitude,
stating: “I thank Minister Roderic O’Gorman for his determination to bring forward legislative
provisions to address the misuse of NDAs within the lifetime of this Oireachtas. The Minister
made a commitment and kept it, and he and his officials should be commended for their hard work
in getting this Bill over the line. I am truly excited for the transformation that the legislation will
bring in employment equality and worker’s rights in Ireland, placing justice and accountability at
the forefront of the response to workplace abuse, harassment and discrimination.”

 

The Bill, having been expedited for earlier signature by agreement, will now be sent to the
President, Michael D. Higgins for review before being signed into law, where it will provide an
important legislative safeguard for Irish Citizens against the future misuse and abuse of NDAs.