Oral Answers to Questions

Kelly Tolhurst Excerpts

Thursday 7th February 2019 Commons Chamber

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

2. What steps the Government are taking to regulate the use of non-disclosure agreements in cases of (a) sexual harassment and (b) maternity discrimination.

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)]

The Government share the concern that non-disclosure agreements have been used to hide workplace harassment and discrimination, or to intimidate victims into silence. That is clearly unacceptable. We will be consulting on measures to improve the regulation of non-disclosure agreements, including how best to ensure that workers understand their rights when they have signed a non-disclosure agreement.

[Mrs Lewell-Buck]

Thanks to changes brought in by this Government, local authorities are subject to very limited scrutiny. A scan of responses to freedom of information requests shows that the use of NDAs in local authorities is prolific and out of control. Given that the Prime Minister’s planned consultation has yet to materialise, will the Minister confirm that the Government have no idea at all how widespread the use of NDAs is anywhere?

[Kelly Tolhurst]

Non-disclosure agreements have a legitimate place in the workplace and can cover matters other than harassment or discrimination. For example, they have a legitimate use in the protection of trade secrets and when a settlement has been reached. As I have outlined, we will be consulting on the issue, and we are determined to make matters easier for workers.

[Mrs Maria Miller (Basingstoke) (Con)]

We should be very clear that employment NDAs are being used to cover up lawbreaking. Maternity discrimination and sexual harassment are against the laws that this place has put on our statute books. Therefore, as well as considering the future of NDAs, will my hon. Friend consider the future of the Equality and Human Rights Commission? It should be enforcing our laws, but it has failed to use its extensive enforcement powers.

[Kelly Tolhurst]

I thank my right hon. Friend, the Chair of the Women and Equalities Committee, for highlighting the issue; she is quite right. It is true that there has been a tailored review of the effectiveness and work of the EHRC, and the Secretary of State has met the commission. We are looking at its delivery and effectiveness, but we will welcome any suggestions from my right hon. Friend and her Committee.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

3. What assessment she has made of the potential effectiveness of provisions in the draft domestic abuse Bill to support women and children who do not have secure immigration status.

--- Later in debate ---

[Daniel Zeichner (Cambridge) (Lab)]

T2. Many disabled people and pensioners rely on accessible Crown post offices, so will the Minister tell us what discussions Ministers in the Government Equalities Office have had with colleagues in the Department for Business, Energy and Industrial Strategy and the Department for Work and Pensions about the equality impact of closing, privatising and relocating to WHSmith 41 post offices, including in Cambridge?

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)]

I would first like to point out that our franchise programme with the Post Office is not a closure programme, but a sustainability programme. On the franchising with WHSmith for the 41 post offices that the hon. Gentleman refers to, accessibility is key to the delivery of our 11,500 network of post offices in the UK. I personally make sure that that is covered when any new post office branch is being worked on.

[Mr Speaker]

We will hear from the right hon. Gentleman again—I call Mr Robert Halfon.