IRELAND

On the 23rd of October 2024 the Maternity Protection (Amendment) Bill 2024, which included Senator Lynn Ruane’s legislative provisions to all but ban the use of NDAs, passed the Seanad. The amendments 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.

The Minister for Children, Equality, Disability, and Youth, Roderic O’Goman tabled the amendments that were informed by the provisions of Senator Ruane’s Employment Equality (Amendment) (Non-Disclosure Agreement) Bill 2021, which was first tabled by in the Seanad 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 origins of this bill started in 2021 with Can’t Buy My Silence collaborating with Senator Ruane on drafting a “model bill”.

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