Non-disclosure Agreements

Jim Shannon Excerpts

Wednesday 2nd April 2025 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to speak in this debate. Mr Betts. I congratulate the right hon. Member for Sheffield Heeley (Louise Haigh) on setting the scene, and I commend the hon. Member for Congleton (Mrs Russell), who has brought a vast amount of knowledge to the debate. She is not a practising solicitor any more, but all the knowledge she has learned has contributed greatly to the debate, so I thank her for that. That does not take away from anybody else, by the way—I appreciate that others will contribute their expertise.

This is an issue in every avenue of life, from public to private life. In 2022, in his then role as Economy Minister, my colleague at the Northern Ireland Assembly, Gordon Lyons, was one of the first to come out in support of the publicly funded universities that were speaking out against the use of NDAs to silence victims of abuse. Others have outlined how NDAs can be abused, which is the point I wish to focus on.

Gordon Lyons issued a statement at the time, which said that

“sexual harassment and bullying is completely unacceptable and complainants should never be bought or bullied into silence simply to protect the reputation of the institution they study or work at. Non-Disclosure Agreements make it harder for other victims to come forward and help hide perpetrators behind a cloak of anonymity…While there is little evidence of NDAs being used in Northern Ireland higher education settings, I still fully support the Can’t Buy My Silence campaign’s aim of bringing an end to this practice which is why I wrote to the local higher education institutions asking them to sign the pledge…I welcome the collective leadership shown by Northern Ireland’s higher education sector in signing a pledge which demonstrates their clear opposition to the buying of victims’ silence.”

That was in 2022, but how wise those words are today, as was the leadership that Minister Lyons gave at that time in Northern Ireland. Even though we did not have many examples of it, we still need to have the same law in Northern Ireland as here, with the same protection for people. Gordon Lyons’ actions are to be congratulated: they were the first of a number of steps taken in Northern Ireland to send a message that people could no longer hide behind NDAs to protect themselves when they had clearly done wrong.

Initially, NDAs were created with a view to commercial sensitivity, and the reasons behind that could be understood, but they are not used for that any more. They are used for other reasons, which is where the problems are. What has not been right for some time is that staff are pressured into agreeing to blanket NDAs, which are then abused by those in power to cover over bad behaviour or, even worse, wrongdoing and criminality, with the rights of victims taken away. We have seen very public cases of how NDAs covered up the most vile and disgusting acts for decades, and the time has come to put that right. I very much look forward to the Minister’s contribution. He is an honourable person who takes on board our issues and questions, and hopefully comes back with answers.

I believe in the principle of clean hands. A person deserves protection if they have done nothing wrong. When someone with access to a good lawyer can tie a victim in knots, we know there is something wrong with the system. We must change the legislation and offer the protection for victims that is so needed.

There are loopholes for legal professionals to use. I have no issue with legal professionals doing the job they are paid to do. The hon. Member for Congleton is honourable in every sense of the word, and used her position well to help others. However, we know that loopholes are there and must be closed, to protect not the people who are seeking to sell a story to a tabloid but those who have been abused and cannot speak or warn others. They are petrified of the system and the legal complications that surround them. That is not the purpose behind an NDA and the Government must clarify that in legislation.

I ask the Minister to ensure protection for those who have signed NDAs without realising that they went beyond what they thought. Commercial confidentiality is one thing and should be protected, but when it becomes something else—protecting wrongdoing in the business—that has to be taken on. For many victims, the trauma of the reporting process is too much. When they do go through it, the appearance of an NDA they signed, believing it referred to keeping silent about business practices, now means they cannot speak about their abuse. This is simply not right. The right hon. Member for Sheffield Heeley referred to victims; some of those who have spoken to me say they never knew what an NDA meant, and they are petrified by the legal complications and implications.

I support the right hon. Lady in her efforts and hope she is successful. We are all here to support her in the goals she seeks to achieve on behalf of all our constituents. Those who are proven to have committed sexual offences should not find shelter under an NDA. We must revise the legislation accordingly, and I hope the Minister will give us that reassurance. The victim has a right to be heard; we can and must make that easier, in a way that ensures they feel confident and reassured that their concerns and complaints are taken on board.