IRELAND

On the 23rd of October 2024 the Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024 was passed by the Irish Dáil (Lower House). The legislation includes an amendment to the Employment Equality Act 1998, restricting the use of non disclosure agreements in cases of discrimination, victimisation, harassment and sexual harassment. Conditions for "excepted" NDAs include independent legal advice, complainant preference, plain language drafting and a 14 day "cooling off" period. It also includes a list of individuals who relevant disclosures can always be made to e.g. mental health practitioner, legal practitioner or individual specified by the victim. However it no longer includes the public interest and third party harm conditions or automatic time limitation of the earlier Seanad Bill. Nonetheless, the Irish legislation is the first country wide law to be passed restricting NDAs and is a significant step towards the protection of Irish workers from abusive NDAs.

The origins of the Irish legislation were in 2021, when Can’t Buy My Silence collaborated with Senator Lynn Ruane on drafting a “model bill” to restrict NDAs, which Senator Ruane tabled in the Seanad (Upper House/Senate). The Employment Equality (Amendment) (Non-Disclosure Agreements) Bill 2021 - restricted the use of non-disclosure agreements in workplace discrimination, sexual harassment and victimisation cases. "Excepted" NDAs which could be requested by complainants were subject to a number of conditions, including harm to the public interest, limited duration and harm to third parties. was passed by the Seanad in October 2023 and proceeded to the Dáil (Lower House).